U.S. DEPARTMENT OF AGRICULTURE 

Forest Service, Missoula, Mont. 

Freo) Morrell, District Forester 



TRESPASS ON NATIONAL FORESTS 

OP 

FOREST SERVICE 
DISTRICT 1 



Digest of Fire, Game, Property, Timber, Occupancy, 
Grazing, Stock and Herd, Sanitation, and Mis- 
cellaneous Trespass Laws, both Federal 
and State, Applicable within 
the Natfonal Forests 

AND 

A Compendium of the Rules of Evidence, Investiga- 
tive Methods, and Criminal Procedure before 
United States Commissioner and State 
Magistrates, together with Speci- 
men Criminal Forms 



Prepared by 
P. J. O'BRIEN 

Under thb direction of thb 
District Forester 




WASHINGTON 

OOVERNMBNT PRINTING OFFICB 

1922 



U. S. DEPARTMENT OF AGRICULTURE 

iL , Forest Service, Missoula, Mont. 

Fred Morrell, District Forester 



TRESPASS ON NATIONAL FORESTS 

OF 

FOREST SERVICE 
DISTRICT 1 



Digest of Fire, Game, Property, Timber, Occupancy, 
Grazing, Stock and Herd, Sanitation, and Mis- 
cellaneous Trespass Laws, both Federal 
and State, Applicable within 
the National Forests 

AND 

A Compendium of the Rules of Evidence, Investiga- 
tive Methods, and Criminal Procedure before 
United States Commissioner and State 
Magistrates, together with Speci- 
men Criminal Forms 



Prepared by 
P. J. O'BRIEN 

Under the direction of thk 
District Forester 




WASHINGTON 

GOVEKNMENT PRINTING OFFICE 

1922 



^%i' 



A 



LIBRARY OF CONQKESS 
»€CEIVtO 

MAY1719J:. 

DOCUMENTS iJ v.JION 



FOREWORD. 

The object of this handbook is to give to the members of 
the Forest Service of district 1 a ready reference to the 
gist of the several criminal trespass laws, both Federal and 
State, having application on national forest lands and to 
the personal property of the Government. Instead of 
giving in full the text of each trespass law, it was deemed 
advisable to digest such laws, since it is felt that access to 
the full text of any statute is not necessary for the proper 
handling of a criminal trespass case by the field force. 

While the A'arious trespass statutes have been con- 
densed, it is believed that forest officers can acquire a com- 
prehensive knowledge, from the digest, of the substance 
of the trespass laws which they are required to enforce. 
With this knowledge in their possession, forest officers 
ought to be able to apply it intelligently to the facts of a 
criminal trespass case. The big things for forest officers to 
learn relative to law enforcement are the substance of 
criminal trespass statutes, the best methods of investiga- 
tion, and how to identify material evidence of the offense 
committed. 

The technical Avork of handling criminal trespass cases 
conformably to the rules of practice in justices' and pro- 
bate courts is generally attended to by the local county or 
prosecuting attorney, after consultation with the forest 
employee making the com})laint. 

However, it frequently happens that a criminal tres- 
pass case is tried before some justice of the peace, situated 
in an isolated locality, -where it is inconvenient for the 
county attorney to attend. On occasions of this kind, the 
complaining forest officer or employee should have suf- 
ficient knowledge of criminal procedure to assist the jus- 
tice in handling the case properly. Justices of the peace and 
pro])ate judges generally rely on the prosecuting officer of 
the county to a hise them in matters of this kind. Many 



of them, however, handle the criminal trespass cases 
brought before them without assistance from the county 
or prosecuting attorney. Whenever, therefore, a justice 
of the peace or probate judge is willing to proceed with 
the trial of a person charged with an offense within the 
jurisdiction of the court, the local forest ofhcer should 
present the evidence of guilt of the accused in its natural 
order, so that the justice's or probate court, as the case 
may be, may understand fully the facts relied upon to 
prove the guilt of the offender. 

To enable forest officers to conduct the prosecution of 
an offender in the inferior courts referred to, an effort has 
been made in this digest to define the ordinary steps to be 
taken to comply with the statutory requirements. These 
are very simple and with a little study can be compre- 
hended easily by any forest employee. If the offense 
committed be a felony under the State law, the accused 
must be tried in the district or superior court for the 
county where the crime was committed. 

The codes of the various States contain more or less 
detailed outlines of criminal procedure applicable in 
justices' and probate courts. Notes on the criminal 
practice of Montana and Idaho are embraced in this book, 
for the guidance of forest officers. Generally speaking, 
these rules are framed for the protection of the accused. 
Hence it is that strict adherence to them by the prosecut- 
ing officer and the court is necessary. The prosecution 
is always required to prove the guilt of the accused beyond 
a reasonable doubt, and hearsay or opinion evidence, 
which is generally inadmissible, is not sufficient to es- 
tablish a case under this rule. 

The important part of law-enforcement work is investi- 
gation. In order properly to investigate a given case, 
the forest officer should have some idea of what con- 
stitutes evidence of the facts to be established. In this 
digest there is a brief summary of the nature and prin- 
ciples of evidence, followed by some useful hints on 
investigation. Experience has shown that some forest 
officers have uuAnttingly failed to appreciate the evi- 



dentiary nature of things and events connected with 
criminal trespass cases until opportunity for collecting- 
definite information regarding them has vanished. It is 
realized, of course, that special talent is required for 
thorough investigative work, and not every forest officer 
can be a professional in this line. However, each one 
can improve his opportunity through a willingness to 
learn something of the commoner methods employed by 
experts. 

It may require more time to put a case through a Federal 
court than a State court. Wlien the oi.'ense charged is 
against a Federal statute, the first step in the proceeding, 
after the arrest of the offender, where arrest is considered 
necessary to prevent his escape, is a preliminary hearing 
before a United States commissioner, who, upon a shoAnng 
of probable cause, will commit the defendant to jail or 
admit him to bail pending action of the grand jury; after 
this the case is usually referred to the United States 
Attorney General, who forwards it to the proper United 
States attorney for presentation to a Federal grand jury. 
But where prompt action is necessary, the case may be 
taken up directly by the assistant to the solicitor Avdth 
the United States attorney, since the latter has general 
authority to proceed in criminal matters without instruc- 
tions from Washington. If the accused is indicted, he 
is generally tried at the following term of the United States 
district court. Consequently, the presence of Govern- 
ment mtnesses may in some instances be required on 
three different occasions to comply with the Federal pro- 
cedure. If the crime is a misdemeanor (an offense not 
not punishable by death or imprisonment exceeding one 
year or at hard labor), the United States attorney may 
begin criminal action in the district court by what is 
known as an information without first obtaining an indict- 
ment. A preliminary hearing before a United States com- 
missioner is not necessary in any case unless the accused 
has been arrested and, unless necessary, is inadvisable, 
since it adds to the expense and discloses the Govern- 
ment's case. 



() 



The aid of the local justice or prohate court may be 
invoked in criminal trespass cases unless the act committed 
is a serious offense for which the State law does not afford 
an adequate penalty, or the act is not a violation of State 
law. 

If the offender should be prosecuted in a Federal court, 
a trespass report following- in general Form 874-20 should 
be submitted to the district forester for reference to the 
assistant to the solicitor for consideration before any court 
proceedings are initiated, unless the immediate arrest of 
the offender is giecessary to protect the interests of the 
United States, or the trespasser is likely to escape or remove 
from the jurisdiction. 

Forest officers and employees are em])0wered l)y statute 
to make arrests without warrant for offenses committed 
in their presence against the national forest laws or regula- 
tions. With a warrant, a forest officer or employee may 
make arrests for offenses against national forest laws and 
regulations committed in or out of his presence. As a 
general proposition, however, it is always safer to secure 
a warrant from a United States commissioner or from a 
justice of the peace or probate judge or other magistrate 
and use it as a visible sign of authority to make the arrest. 
Only in rare cases is it necessary to make an arrest without 
a warrant. "When it is made under the stress of circum- 
stances, a full report of the facts of the trespass and of the 
action taken should be submitted immediately to the 
district forester, so that the assistant to the solicitor may- 
attend the preliminary hearing before the United States 
commissioner* or the magistrate liefore whom the prisoner 
will be required to appear. If it be unusually difficult 
or impracticable in a criminal trespass case to assemble 
all the facts and have them in the hands of the district 
forester in time for proper consideration prior to the pre- 
liminary hearing, a partial rei)ort should be sent by ordi- 
nary mail or night letter telegram. 

Forest officers are not authorized to make arrests for 
offenses against Federal laws not applicable to national 
forests. United States marshals and Iheir deputies are 
charged with this duty. 



The right of national forest eniployees to make arrests 
^vith or without warrant for violation of State tire, game, 
and other trespass laws is defined by the statutes of each 
State within this district, l.aws on these subjects are 
to a degree dissimilar, and forest officers selected as deputy 
fire or game wardens should c:onsult this manual, under 
"Criminal procedure"' in Montana and Idaho, in order 
to be sure of their authority in this regard. When an 
arrest is made by a forest employee acting in his capacity 
of State deputy game or fire warden, the off<Mider should 
be taken before a justice or probate court having jurisdic- 
tion, for immediate trial, and all facts aiid evidence should 
be submitted promptly to the prosecuting attorney of the 
comity where the offense was committed. If the offense 
be one over which the justice or probate court has no 
jurisdiction to impose punishment, the offender will be 
committed to jail or bound over for trial in a higher court 
of the State. Every assistance possible should be given 
to the prosecuting attorney in han<lling the case. 

The fees of witnesses and other expenses incidental to a 
criminal trespass trial in a State court are paid by the 
county in which the offense was committed. These ex- 
penditures do not include the costs of investigation, and, 
as a rule, are limited to those incurred after the State 
court has acquired jurisdiction of the offender through 
the issuance of a warrant for his airest, or his voluntary 
appearance for trial. Sometimes the State law limits the 
number of witnesses to appear for the prosecution at the 
expense of the county, subject to the right of the presiding 
judge to increase the number should the administration 
of justice demand it. A similar rule is in force for pre- 
liminary hearings in criminal trespass cases before 
Ignited States commissioners. 

A forest employee mil be reimbursed from forest funds 
for necessary expenses incurred in taking an offender 
arrested without warrant before; the justice or other State 
court for formal accusation. After the filing of the formal 
criminal charges against the accused the court acquires 
jurisdiction and all subsequent costs are legally charge- 
able to the county. Under special agreements the fish 



8 

and game bureaus of Montana and Idaho have coiKsentcd 
to reimburse forest employees for certain expenses neces- 
sary in making arrests without warrant for violations of 
the fish and game laws. (See circular letters on this sub- 
ject. Examine also Circular Letter 0-991, relative to 
the reimbursement of (rovernment witnesses which can 
not be legally made by the county. ) 

In order that forest employees may become familiar with 
the form and substance of the simpler papers used in crimi- 
nal practice, before district, justices', and probate courts 
and before United States commissioners, such as affida- 
vits, complaints, warrants of arrest, search warrants, sub- 
poenas, commitments, etc., specimen copies are printed 
in this book. 

This handbook is divided into four parts. Part 1 con- 
tains the substance of Federal criminal statutes and regu- 
lations conceriung fire, game, property, timber, occu- 
pancy, grazing, and miscellaneous trespasses. 

Part II covers the laws of Montana on the same sub- 
jects, although the lines of classification of the different 
trespas83s are not so clearly marked. 

The trespass laws of Idaho are treated in Part III. 

Part IV contains a substantial outline of criminal pro- 
cedure applicable to hearings before Ignited States com- 
missioners, justices of the peace, and probate courts in 
Idaho, and before justices' courts in Montana. To this 
have been added hints on investigative methods, a short 
explanation of the nature of evidence, and a number of 
specimen criminal forms in use by United States commis- 
sioners and State magistrates. An index completes the 
work . 

It is realized that this manual will not supply full infor- 
mation to fit the divergent facts of every trespass case 
likely to develop in the field. It is felt, however, that it 
will be of material help to the field force in the prosecu- 
tion of trespass cases, if its contents are carefully studied 
and noted, notwithstanding its limited scope. If a forest 
employee is in doubt as to how to proceed in any instance 
and the manual does not contain the help he desires, he 
should ask the district forester for instructions. 



PART I. 

DIGEST OF FEDERAL FIRE LAWS. 

United States ('rimlnal Code (35 Stat. 1088). 



Section 37. It is unlawful for two 
or more persons to conspire to 
set on fire any timber or foiested 
lands of the United States. 

Section 52. Willfully setting on 
fire or causing to be set on fire 
any timber, brush, or grass, on 
tlie public domain, etc. 

Section 52. Leading a fire to bum 
unattended near any timber or 
it^^ammable material on the 
public domain, etc. 
'Section .53. Building a lire in or 
near any forest, timber, or other 
inflammable material upon the 
public domain and leaving the 
same before it is totally extin- 
guished. 



Regidation T-1 of the Secretarif of Agrlratture made pur- 
suant to act of June 4. IS-f'- (30 Stat. 35). 



Fine of not more than $10,000, or 
imprisonment for not more than 
2 years, or both. 

Fine of not more than .f.l.OUO, or 
imprisonment for not more than 
2 years, or both. 

'J'he sanii'. 



Fine of not moie than $1,000, or 
imprisonment lor not more than 
1 vear, or l)otli . 



offense. 

A. Setting on fire, or causing to be 
set on fire, any timber, bush, or 
grass on national forest lands 
without authority from a forest 
officer. 

l'>. Building on national forest 
lands a camp fire in leaves, 
rotten wood, or other places 
where it is likely to spread, or 
against large or hollow logs or 
stumps where it is difficult to 
extinguish it completely. 



Fine of not more than 1500, or 
imprisonment for not more than 
12 months, or both. 



The same. 



V"; 



10 



OFFENSK. 

0. Building on ualioiuil forei-l 
iands a camplire in a dangerous 
place, or during windy weather, 
without confining it to holes or 
cleared i^paces from which all 
vegetable material has been re- 
moved. I 

D. Leaving a- camp fire without j 'J'he sanu 
completely extinguishing it. 

K. Building a camp fire on those 
portions of a National Forest 
withdrawn, without a permit, 
etc. 

V. Using steam engines or steam 
locomotives, in timber-sale opera- 
tions, etc., without approved 
spark arresters, unless oil is ex- 
clusively used for fuel. 

(Jr. Molesting, disturbing, interfer- 
ing with by intimidation, threats, 
assaults, or otlierwise any person 
engaged in the protection, pre- 
servation, etc., of the National , 
Forests. ' 



PENALTY. 

Fijie of not more than S.')*'"'. or im- 
prisonment for not inorc tlian 12 
months, or botli. 



The v;iin 



The 



The same. 



DIGEST OF FEDERAL GAME LAWS. 

Act of July 3, 1918 (40 Stat. 755). 



It is unlaw^ful to hunt, capture, 
kill, attempt to take, capture, or 
kill, possess, offer for sale, sell, 
offer to purchase, pmchase, de- 
liver for shipment, ship, cause to 
be shipped, deliver for transpor- 
tation, transport, cause to be 
transported, recei ^e for shipment 
or export any migratory bird, or 
any part, nest, or egg of any such 
bird, except as authorized by the 
Secretary of Agriculture. 



A fine of not more than $500, or im- 
prisonment for not more than 6 
months, or both. 



11 



OFFENSE. 

The regulations of the Secretary of 
Agriculture, so far as Idaho and 
Montana are concerned, permit 
the hunting of waterfowl (except 
wood ducks and swans), coots, 
gallinules, Wilson snipe, rails, 
l)lack-beUied and golden plovers, 
and greater and lesser yellowlegs 
from September 16 to December 
31, inclusive, and mourning doves 
in Idaho from September 1 to De- 
cember 15, inclusive, from half 
hour before simrise to simset, and 
wlien lawfully taken iliey may be 
possessed during the 10 days im- 
mediately succeeding the close of 
the open season. Such birds may 
be killed only with a gun fii-ed 
from the shoulder, and may be 
Imnted with the aid of a dog, 
blind or floating device (other 
than an airplane, power boat, 
sail boat, any boat under sail, or 
any floating device towed by a 
power boat or sail l)oat), or de- 
coys. The bag limit for one day 
is: 

Ducks of all kinds 25 

8 



PENALTV. 

A fine of not more than S500, or i in- 
prisonment for not more than 6 
months, or botli 



Brant 8 

Rails, coots, and gallinules (in 

the aggregate) 25 

Sora 5o 

Ulack-bellied and golden plov- 
ers and greater and lesser 

yellowlegs (in the aggregate). 15 

Wilson snipe 25 

Mourning doves 25 



Note. — The Bureau of Biological Survey is charged with the duty 
of administering and enforcing this law, and that bureau or its field 
representatives should be infonned of any infractions noted by forest 
employees. 



12 



United States Criminal Code (35 Stat. 1088). 



OFFENSE. 

Section 242. It is unlawful for any 
person to deliver to a common 
carrier for transportation, or for 
a common carrier to transport, 
from one State to another, the 
dead bodies or parts of any wild 
animal or bird killed or sliipped 
in violation of the laws of the 
State where killed or from wliich 
shipped. 

Section 243. All packages contain- 
ing dead bodies, plumage, or 
parts of game animals or wild 
birds, when shipped in interstate 
or foreign commerce must be 
plainly and clearly marked on 
the outside with the name and 
address of the shipper and nature 
of the contents. 

Section 84. It is unlawful to hunt, 
trap, capture, willfully disturb, 
or kill a bird of any kind on any 
lands of the United States set 
apart by law, proclamation, or 
executive order as a bird reserve 
or breeding ground, except under 
regulations made by (he Secre- 
tary of Agriculture. 



A fine of not exceeding S200. 



A fijie of not moie than $500, or 
imprisonment for not more than 
C) months, or V)0th. 



Regulation T-7. of the Secretary of Agriculture. 



offense. 

It is unlawful to go or be upon 
national forest lands, or in the 
waters thereof, with intent to 
hunt, catch, trap, or kill, etc.^ 
any game animal, game or non- 
game bird, or fish, or to take the 
eggs of any such bird, in violation 
of the laws of the State where the 
lands or waters are situated. 



A fine of not more than $500, or 
imprisonment for not more than 
12 months, or both. 



13 



DIGEST OF FEDERAL PROPERTY TRESPASS 
LAWS. 

United States Criminal Code (35 Stat. 1088). 



OFFENSE. 

Section 46. It is unlawful to rob 
another of any kind or descrip- 
tion of personal property belong- 
ing to the United States, or fel- 
oniously to take or carry away 
the same. 
Section 47. It is unlawful to 
embezzle, steal, or purloin any 
money, property, record, vouch- 
er, etc., of the United States. 
Section 48. It is imlawful to con- 
ceal, receive, or aid in concealing, 
or retain in possession any 
money, property, record, or 
voucher, etc., which had there- 
tofore been embezzled, stolen, 
or purloined. 
Section 56. It is luilawful know- 
ingly to open any gate, or des' 
troy the same or any fence, 
hedge, or wall inclosing lands of 
the United States which have 
been reserved or purchased pur- 
suant to' law, or to drive stock, 
etc., on such lands. 
Section 57. It is unlawful to re- 
move, deface, destroy, or change, 
any section corner, witness tree, 
or meander post on any Govern- 
ment line of survey, or any 
monument or bench mark. 
Section 60. It is unlawful wil- 
fully or maliciously to injure or 
destroy any telephone or tele- 
graph line or part thereof, the 
property of the United States, 
or obstruct, delay, or hinder the 
transmission of any commvmi- 
cation over such lines. 
Sections, 87, 89, 90, 91, 92, 96, 
97. It is imlawful for any person 
in possession of, or any disburs- 
ing officer of the United States, 
or a person acting as such to 



A fine of not more than $5,000, or 
imprisonment for not more than 
10 years, or both. 



A fine of not more than §5,000, or 
imprisonment for not more than 
5 years, or both. 

The same. 



A fhie of not more than $500, or 
imprisonment for not more than 
1 year, or l)oth. 



A fine of not more than $250, or 
imprisonment for not more tlian 
6 months, or both. 



A fine of not more than $1,000, or 
imprisonment for not more than 
3 years, or both. 



A fine of not more than the amount 
embezzled, or imprisonment for 
not more than 10 years, or bot h 



14 



OFFENSE. 

convert to his own use money or 
property of the United States, or 
loan or deposit in any place pub- 
he money, except as authorizecl 
by law. 
Section 128. It is unlawful to 
conceal, remove, obliterate, steal, 
or destroy any map, record, 
book, proceeding, paper, or docu- 
ment on file in any public office, 
or filed with any judicial or pub- 
lic oflRcer of the United States. 



A. fine of not more than S2,000, or 
imprisonment for not more than 
3 years, or both. 



Act of June 8, 1906 (34 Stat. 225). 

PENALTY. 

A fine of not more than $500, or 



imprisonment for not more than 
90 da vs. or both. 



It is imlawful to appropriate, ex- 
cavate, injure, or destroy any 
prehistoric ruin or monument 
upon lands owned or controlled 
])y the United States, without 
the permission of the secretary of 
the department having jurisdic- 
tion of the lands. 

Regulation T-S, of the Secretary of Acjriculture. 

OFFENSE. I PENALTY. 



It is imlawful to violate the terms 
of Regulation T-3, which applies 
only to national forest lauds 
and property. This regulation 
makes it imlawful to tear down, 
or deface a Forest Service notice, 
or destroy, molest, injure, or dis- 
turb property used or acquired 
for use in the administration of 
the national forests, to damage 
roads or trails imder the juris- 
diction of the service, or to multi- 
late, deface, or destroy objects of 
natural beauty or scenic value on 
national forest lands. The going 
or being upon such lands with 
intent to destroy, molest, injure, 
or disturb property used, or 
acquired for use by the United 
States in the administration of 
the forests, is forbidden. 



A fine of not more than $500, or 
imprisonment for not more than 
12 months, or both. 



15 



DIGEST OF FEDERAL TIMBER TRESPASS LAWS. 

U, S. Criminal Code (35 Stat. 1088). 



Section 49. It is imlawfiil to cut, 
wantonly destroy, or cause to be 
destroyed any timber growing on 
the public lands of the United 
States, or to remove or export the 
same. 

Section 50. It is imlawfnl to cut, 
injure, or destroy wantonly any 
tree growing or standing upon 
lands of the United States re- 
served by law or regulations, etc. 

Sfxtion 51. It is luilawful to cut, 
box, chip, or chop any tree on 
land of the United States for the 
purpose of collecting pitch or 
turpentine, etc. 



penalty. 

A fine of not more than 11,000, or 
imprisonment for not more than 
1 voar, or both. 



V fine of not more than $500, or im- 
prisonment for not more than 1 
year, or both. 



I'ho same. 



Regulation T-5, of the Secret anj of A(jruidture 



PENALTY. 



It is unlawful to violate any of the 
provisions of Regulation T-5, 
which applies only to timT)er on 
national forest lands. 



A fine of not more than $500, or im- 
prisonment for not more than 12 
months, or both. 



DIGEST OF FEDERAL OCCUPANCY TRESPASS 
LAWS. 

Ad of February 25, 1886 (23 Stat. 321). 



offense. I 

Jt is unlawful for any person, 
party, association, or corporation 
to inclose any public land ftf the 
United States, or to maintain 
such inclosure, without color of 
title or lawful claim, etc., or to \ 
advise, counsel, or assist in the I 
inclosure of or maintenance of ] 
ttie in-josin-o of such lands. i 



PENALTY. 

A fine of not more than $1,000, or 
imprisonment for not exceeding 
1 vear, or both. 



16 



Regulation T-8 of the Secretary of Agriculture. 



OFFENSE, 

It is unlawful to violate any of the 
provisions of Regulation T-8, 
which prohibits the squatting or 
settlement on national forest 
lands, or the maintenance or con- 
struction of any works, or any 
business enterprise, or any fence, 
structure, or inclosure, without a 
permit. This has no application 
to road construction liy States 
and counties. 



A fine of not more than §500, or im- 
prisonment for not more than 12 
months, or both. 



Regulation P-'i of the Secretary of Agriculture. 



It is unlawful to violate any of the 
provisions of Regulation P-4, 
which applies only to national 
forest lands. This regulation 
prohibits having or leaving in an 
exposed or insanitary condition 
camp refuse or debris, or deposit- 
ing any polluted substance or 
substance likely to cause pollu- 
tion in any of the streams, lakes, 
or waters within or bordering on 
national forests. 



PENALTY. 



A fine of not more than $500, or im- 
prisonment for not more than 12 
months, or both. 



DIGEST OF FEDERAL GRAZING TRESPASS 
LAWS AND REGULATIONS. 

Regulation T-6 of the Secretary of Agricultun. 



OFFENSE. 

[t is unlawful to violate any of the 
provisions of Regulation T-6, 
which prohibits t he grazing upon 
or driving across national forest 
lands of any live stock without 
permit, or grazing stock on closed 
area, etc., or handling stock con- i 
trary to the terms of a permit. 



A fine of not more than S500, or im- 
prisonment lor not more than Vl 
months, or both. 



17 



Act of May 29, 1S84 (23 Stat. 32). 



It is unlawful for any railroad 
company or the owners of any 
steam or sailing vessel to receive 
for transportation or to transport 
from any State to another any 
live stock affected with any 
contagious, infectious, or com- 
mimicable disease, or for any 
person to deliver to any railroad 
company or owner of a vessel for 
transportation stock so infected. 
It is also unlawful to drive in- 
fected cattle from one State to 
another. 



PENALTY. 

A fine of not less than $100 nor 
more than $5,000, or imprison- 
ment for not more than I year, 
or both. 



Act of February 2, 190S (32 Stat. 792). 



offen.se. 

It is unlawful to violate any of the 
terms of the stock sanitary regu- 
lations, made by the Secretary 
of Agriculture, to prevent the 
introduction or dissemination 
of contagious, infectious, or 
communicable animal diseases 
through the movement of stock 
from one State to another. 



PENALTY. 

A fine of not less than $100 nor 
more than $1,000, or by im- 
prisonment for not more than 
1 j'ear, or both. 



MISCELLANEOUS FEDERAL TRESPASS LAWS. 

U. S. Criminal Code (35 Stat. 1088). 



offen.se. 

Section 32. It is unlawful for any 
person falsely to assume or 
pretend to be an officer or em- 
ployee of the United States, with 
intent to defraud the United 
States or any person, or to 
demand or obtain in such pre- 
tended character any money, 
paper, document, or other 
valuable thing. 

110113 — 22 2 



penalty. 



L fine of not more than $1,000, or 
imprisonment for not more than 
3 years, or both. 



18 



OFFENSE. 

Section 31. It is unlawful to ad- 
minister oaths, or to take and 
certify acknowledgments relative 
to any bond, contract, proposal, 
undertaking, or other matter in 
which an oath is required by 
law or regulation, unless the 
person taking .'^uch oath 1)6 
present. 

Section 37. It is unlawful for two 
or more persons to conspire 
either to commit an offense 
against the United States, or to 
defraud the United States in any 
manner or for any purpose, and 
if one or more of such parties do 
any act to effect the object of 
the conspiracy, each of the 
persons involved is criminally 
liable. 

Section 125. Perjury.— Any per- 
son who takes an oath required 
by a Federal statute to testify 
and depose truthfully is guilty of 
perjury if, willfully and contrary 
to such oath, he testifies or sub- 
scribes falsely as to any material 
fact . 

Section 40. It is unlawful to take 
or carry away without authority 
from the I'nited States, from tlie 
place where it is filed or kept by 
authority of the United States, 
any certificate, affidavit, deposi- 
tion, written statement of facts, 
receipt, voucher, record, of 
paper, etc., with 'intent to use it 
to procure payment of money 
from the United States. 

Section 58. The use of threats or 
force to hinder, interrupt, or 
prevent the survey of public 
lands is forbidden. 



PENALTY. 

A fine of not more than $2,000, or 
by imprisonment for not more 
than 2 vears, or both. 



A fine of not more than SI 0,000, or 
by imprisonment for not more 
than 2 years, or both. 



\ fine of not more than $2,000, or 
imprisonment for not more than 
5 vears. 



A fine of not more than $5,000, or 
by imprisonment for not more 
than 10 years, or both. 



A fine of not more than 53,000, or 
imprisonment for not more than 
3 vears. 



19 



OFFENSE. 

Section 98. Contracting to pay 
for the construction, repairing, 
or furnishing of a public building 
more than the amoimt appro- 
priated for such purpose is illegal. 

Section 39. Whoever shall prom- 
ise, offer, or give any money or 
other valuable thing to any 
officer of the United States with 
intent to influence his decision 
or action on any question, mat- 
ter, cause, or proceeding pending 
before him is guilty of a feldny. 

Section 85. Any officer or em- 
ployee of the United States, who 
under color of his employment 
commits any act of extortion, is 
guilty of a crime. 

Section 136. It is mxlawf ul for two 
or more persons to conspire to 
deter by force, intimidation, or 
threat any person from testifying 
for the United States fully and 
truthfully in any court of the 
United States, or before any 
United States commissioner. 

Section 118 - 122. It is legally 
wrong for any Federal officer or 
employee to solicit or receive any 
money from any other Federal 
officer or employee, or to degrade, 
discharge, or promote any Fed- 
eral employee for failing to make 
any political contribution. It 
is also contrary to law for a Fed- 
eral officer or for any one to 
solicit funds in a public l)uilding 
for political purposes. 



penalty. 

A fine of not more than $2,000, or 
by imprisonment for not more 
than 2 years. 



A fine equal to three times the 
value of the thing offered, prom- 
ised, or given, and imprisonment 
for not more than 3 years. 



A fine of not more than $500, or 
imprisonment for not more than 
1 vear, or both. 



A fine of not more than §5,000, or 
imprisonment for not more than 
6 years, or both. 



A fine of not more than 85,000, or 
imprisonment for not more than 
3 years, or Ijoth. 



PART II. 

DIGEST OF MONTANA FIRE TRESPASS AND 
BRUSH DISPOSAL LAWS. 

Revised Code of 1921. 



Section 11476. It is unlawful for 
any one willfully and maliciously 
to burn any bridge valued at 
more than $50, or any building, 
snowshed, vessel, grain stack, 
growing or standing grain, grass, 
tree, or fence, not his property. 

Section 1834. Failure of any paid 
■ fire warden (and sheriffs, deputy 
sheriflfs, game wardens, and 
deputy game wardens are deemed 
paid fire wardens) to prosecute, 
etc., for violations of the law. 

Section 1835. Failure of able-bod- 
ied citizens between the ages of 
18 and 50 years^ residing in the 
vicinity, on formal request of a 
fire warden, to assist in putting 
out fires, except for good and suf- 
ficient reason, it being provided 
that no citizen shall be called 
upon to fight fire a total of more 
than five days in one year. 

Section 1838. Destroying, defac- 
ing, removing, or disfiguring fire 
notices posted under provisions 
of the act. 



Imprisonment in the State prison 
for not less than 1 year nor more 
than 10 years. 



Fine of not less than $20 nor more 
than $1,000, or imprisonment in 
county jail for not less than 10 
days nor more than 12 months, 
or both, and forfeiture of office. 

Fine not less than $15 nor more 
than $50, or imprisonment in 
county j ail for not less than 1 nor 
more than 30 days, or both . 



Section 1839. Failure of county 
attorney to prosecute upon proper 
complaint filed with him, for a 
violation of the act, etc., or of 
any magistrate. 

(20) 



Fine of not less than $15 nor more 
than $250, or imprisonment in 
county jail for not less than 10 
days nor more than 3 months, or 
both. 

Fine of not less than $100 nor more 
than $1,000 and his office de- 
clared vacant by the district 
court. 



21 



OFFENSE. 

Section 2765. No person (except a 
settler who is clearing his land 
for agricultural purposes not 
including the burning of slash- 
ings, or in case brush to be 
burned is piled up and there is a 
clear space of 30 feet around such 
pile) shall burn any forest mate- 
rial from June 1 to September 30, 
inclusive, without first obtaining 
a written permit from the State 
forester, a warden, or a ranger. 

Setting out a fire contrary to the. 
terms of the permit . 

Setting out a fire more than 10 
days after date of permit. 

Setting out the fire when the wind 
is blowing to such an extent as 
to cause danger of the fire spread- 
ing beyond control of the person 
setting it. 

Setting out a fire without sufficient 
tools and help present at the 
time of setting it out, and there- 
after to control it. 

Failure of the person setting out 
the fire to watch it until it is out. 

Section 276G. Any person who 
shall set or leave any fire on any 
land within the f^tate which 
shall spread and damage or de- 
stroy property of any kind not 
his own. 

Any person who shall maliciously 
set a fire on his own or on an- 
other's land with intent to de- 
stroy property not his own, etc. 

Kindling a camp fire during the 
closed season, on land not his 
own. in or dangerously near any 
forest material, and leaving the 
same unquenched. 



PENALTY. 

Fine of not less than S25 nor more 
than $500, or imprisonment in 
county jail for not less than 10 
days or more than 90 days, or 
both. 



The same. 
The same. 
The same. 

The same. 

The same. 

Fine of not less than $10 nor more 
than SoOO. 



Felony. Imprisonment in the 
State penitentiary for not less 
than 1 j'ear nor more than 50 
years. 

Fine not less than $10 nor more 
than $100, or imp\risonment in 
the county jail for not more than 
60 da vs. 



22 



Throwing away any lighted cigar, 
cigarette, or matches, or using 
firearms, or any other act which 
shall start a fire in forest material 
not his own, and leaving the 
same unquenched. 

Section 2768. For failure of any 
magistrate having jurisdiction 
to prosecute for the violation of 
the act. 

Section 2769. Any person who 
shall set or leave any fire on his 
own or on another's land that 
shall spread and damage or de- 
stroy property of any kind not 
his own, etc. 

Section 2771. Any person, firm, 
or corporation (except actual set- 
tler clearing his land for agricul- 
tural purposes, not including the 
burning of slashings) failing to 
burn or otherwise dispose of 
within 1 year from date of cut- 
tings, brush, slashings, and other 
inflammable material resulting 
from timlier cuttings. 

Section 2772. Failure to dispose 
of or burn within 2 years of date 
of this act, brush slashing and 
inflammable material resulting 
from cuttings made since Octo- 
ber 1, 1918. 

Section 2773. Burning such brush 
slashing, or other inflammable 
material from June 1 to Septem- 
ber 30, inclusive, without obtain- 
ing a permit in writing from 
State forester or any of his sub- 
ordinates. 

Violations of the terms of the per- 
mit or the rules and regulations 
for burning. 

Failure of actual settler to obtain 
permit to burn slashings. 



Fine of not less than §10 nor more 
than .1100, or imprisonment in the 
county jail for not exceeding 60 
days. 



Fine of not less than .1100 nor more 
than $1,000 and dismissal from 
office. 

Liable in a civil suit for aU .dam- 
ages caused thereby: also for all 
costs and expenses incurred by 
the State of Montana, or by any 
forestry association, or by any 
person in extinguishing or pre- 
venting the spread of such fire. 

Fine of not less than .?2o nor more 
than $500, or by imprisonment 
in the county jail for not less 
thaii 10 nor more than 90 days, 
or both . 



The same. 



The same. 



The same. 



The same. 



28 



DIGEST OF THE FISH AND GAME LAW OF 
MONTANA. 



Bevised Code of 1921. 



OFFENSE. 



PEN ALT V. 



Section 3716. It is unlawful to A fiue of not loss than $2.5 nor mon 



have in possession any seine, 
net, or similar device for captur- 
ing fish. 



than .$.")00, or imprisonment in 
the county jail for not less than 
10 days nor more than ISO days, 
or both. 



Note.— This does not apply to owners of private fish ponds as 
defined under the statute, nor to persons having unexpired seine 
or net license: nor does it apply to a landing net used in connection 
with a fishing pole. 



Section 3717. Catching, stunning, ; 
or killing fish with the aid of : 
giant powder, or other explosive 1 
compound, or through the use 
of corrosive or narcot ic jioison or 
other deleterious substance is 
prohibited. 

Section 3718. It is unlawful for 
any person or corporation oper- 
ating a sawmill on or near any 
stream, pond, lake, or river to 
deposit sawdust, bark, shavings, 
oil, ashes, cinders, or debris in 
any of such waters or in any place 
where such ddbris is likely to be 
carried into such waters. 

Section 3719. Killing or capturing 
moose, bison, buffalo, caribou, 
or antelope at any time is for- 
bidden. 

Section 3720. Chasing with dogs 
any deer, elk, moose, buffalo, 
caribou, antelope, moimtain 
goat, or momitain sheep is pro- 
hibited. 

Section 3721. Trapping for the 
purpose of sale or domestication 
of any buffalo, elk, moose, moun- 
tain sheep, or mountain goat 
is forbidden. 



A fine of not less than -W)') nor 
more than $1,000 or l)y imprison- 
ment in the county jail for not 
less than 6 months nor more 
than 1 year. 



.\ line of not less than $25 nor more 
than $500, or imprisonment in 
the county jail, for not less than 
10 days nor more than ISO days, 
or both . 



Tlie same. 



The same. 



24 



OFFENSE. 



PENALTY 



A fine of not less than $25 nor more 
than $500, or imprisonment in 
the county jail for not less than 
10 days nor more than 180 days, 
or both. 

The same . 



The same. 



Sectiox 3742. It is unlawful to | 

sell or ofler for sale any game I 

animal or bird, or part thereof, 

except that game specimens may j 

be sold under {)ermit from the j 

State game warden. j 

Section 3722. Trapping or killing ; 

of beaver without a special license 

from the State game warden is | 

forbidden. j 

Failure to make written report of 

the number of beaver killed and , 

the manner in which they were i 

disposed of, within .30 days of I 

the date of such killing, to the i 

State fish and game warden is 

a misdemeanor. 
Killing or capturing of marten is 

prohibited except under spwial 

license from the State fish and 

game warden. The period with- 
in which the killing of marten 

may be legally authorized is 

from September 15 to May 1. 
Section 3679. Any person, firm, j A fine of not more than $300, or by 

or corporation violating any rule " ' " "'" '^^ ^-- '~'' 



The same. 



imprisonment in the county jail 
for not more than 90 days, or 
both, and forfeiture of license. 



regulation, or order of the State 
fish and game commission made 
pursuant to law, or any officer I 
who fails to enforce the fish and | 
game laws, is guilty of a crime, j 
Section 3682. It is unlawful for } A fine of not more than .$500 nor 
any person to take, hunt, shoot, i 
pursue, or kill any game, game I 
birds, or animals without first 
having procured a license, and 
in the manner and ■ndthin the ' 
period prescribed by law. i 

Note. — Game animals are defined by law as deer, elk, moose, 
antelope, bison or buffalo, caribou, mountain sheep, and mountain 
goat. Game birds are quail, Chinese pheasant, Hungarian pheasant, 
partridge, wood duck, curlew, swan, loon, turtle dove, grouse, prairie 
chicken, sage hen, sage grouse, fool hen, pheasant, wild geese, wild 
ducks, and brant. 



less than $25, or by imprisonment 
in the county jail for not less than 
10 days nor more than 180 days, 
or both, and forfeiture of license 
for not less than 1 year. 



25 



OFFENSE. i PENALTY. 

Takiiif; fur-bearing animals with A fine of not less than $25 norniore 
traps or other devices without a I than $500, or by imprisonment 
license is forbidden by law. i in the county jail for not less 

than 10 nor more than ISO days, 

or both. 

Note. — Fur-bearing animals are defined by law as marten, otter, 
fox, sable, muskrat, and fisher. 



It is unlawful to take, capture, or 
fish without having first pro- 
cured a license. 



Section 36S4. It is unlawful to 
misrepresent any facts as to citi- 
zensliip or alienage with intent 
to obtain any kind of a license 
for a fee less than that established 
by law. 



A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the county jail for not less 
than 10 nor more than ISO days, 
or both. 

The same. 



Note.— Licenses are classified as: (a) resident, general: (b) non- 
resident, general; (c) nonresident, limited: (d) nonresident, fish- 
ing: (e) alien, general; (f) alien, fishing; (g) trapper's. 



Section 3689. No person to whom 

a license has been issued shall be 

entitled to take fish, birds, or 

animals of the species specified in 

the act unless at the time of 

taking he shall have such license 

in his possession. 
To refuse to exhibit a Ucense on the 

request of a warden or other 
, officer or person is unlawful. 

Note: Persons under 15 years of age may hunt and fish during 
the open season without a license. 



A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the county jail for not less than 
10 nor more than 180 days, or 
both, and forfeiture of license for 
a period of not less than I year. 

The same. 



Section 3692. It is illegal to alter 
or change in a material manner, 
or loan, or transfer to another a 
license, or to make any false 
statement in an application for 
a license. 

Section 3694. Capturing, shooting, 
killing, or attempting to capture 
or kill any game animal or bird 
from an automobile, or with the 
aid of any set gun, light, trap, 
snare, or other device (not in- 
cluding blinds or overdecoys in 
shooting wild water fowl) is for- 
bidden. 



A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the county jail for not less than 
10 nor more than ISO days, or 
both, and forfeiture of license for 
a period of not less than 1 year. 

The same. 



26 



OFFENSE. 

It is contrary to law to kill or hunt 
game animals or birds from any 
airplane, power boat, sail boat, 
or any floating device towed by 
a power or sail boat. 

It is unlawful for a person to have 
in his possession in forest or field 
while hunting any device de- 
signed to silence or muffle or 
minimize the report of a firearm. 

It is unlawful to catch in the public 
waters of Montana in any one day 
more than 50 game fish of a gross 
weight of 25 pounds, and not 
more than 10 of such fish shall be 
less than 6 inches in length. It is 
unlawful for a person to have in 
his or her possession at any time 
more than 50 game fish of a gross 
weight of 25 pounds. 

It is unlawful to catch any game 
fish through ice. 



A fine of not less than $25 nor more 
than $500, or by imprisonment in 
the county jail for not less than 
10 nor more than ISO days, or 
l>oth, and forfeiture of license for 
not less than 1 year. 

The same. 



The same. 



The same. 



Note. Game fish are defined as mountain trout, rainbow trout, 
eastern brook trout, grayling, Rocky Mountain whitefish, steel- 
head trout, black bass, Dolly Varden trout, and Lock Levin trout. 

For law relative to the taking of fish from ponds or lakes privately 
owned or controlled, see section 14a of chapter 238, Montana Session 
Laws of 1921. 



Section 3696. The killing, shoot- 
ing, hunting, or capturing of any 
elk between the 15th day of 
November of any year and the 
15th day of October of the fol- 
lowing year, or the kilUng, shoot- 
ing, hunting, or capturing of 
more than one elk, or the leaving 
in the field or woods of any por- 
tion of an elk suitable for food is 
forbidden . 

The htmting, killing, shooting, or 
capturing of elk at any time 
within the counties closed by 
law and not subsequently de- 



A fine of not more than $1,000 nor 
less than $500, or by imprison- 
ment in the penitentiary for not 
less than 6 months nor more 
than 1 year, or both, and forfeit- 
ure of license for a period of not 
less than 1 year. 



It is doubtful if a violation of this 
portion of the section is more 
than a misdeaneanor punishable 
by a fine of not less than $25 nor 



'Zi 



clared open for hunting by the mors than $500, or by imprison- 
Fish and Game Commission. ment in the county jail for not 

less than 10 days nor more than 
180 days, or both, and forfeiture 
of license for a period of not less 
than 1 year. 

>,ToTE.— All counties of the State are closed for elk hunting through- 
out the year, except Flathead, Park, Sweet Grass, Teton, Pondera, 
Glacier, and Madison Counties, and that portion of Lewis and Clark 
County drained by the South Fork of the Flathead River, and that 
part lying north of the Dearborn River not included in a game pre- 
serve. Hunting is permitted also during the open season m those 
parts of Missoula and Powell Counties lying west of the North l^ork 
of the Big Blackfoot River and north of the Mam Big Blackfoot 
River west of the confluence of the two streams. Also, hunting 
during the open season is allowed in those portions of Missoula and 
Powell Counties drained by the waters of the South Fork of the 
Flathead River and within those ])ortions of Missoula (\)unty lying 
east of Belmont Creek from its source, north of the Big Blackfoot 
River and east of the confluence of said Belmont Creek with the Big 
Blackfoot River at the west end of Nine Mile Prairie, also that por- 
tion of Missoula County drained by streams flowing into Swan 
River, also that portion of Gallatin County north of the North Fork 
of Sixteen Mile Creek. 



Section 3697. It is unlawful to 
himt, shoot, kill, or capture any 
deer in the closed season or more 
than one deer with visible horns 
in the open season, or to kiU or 
capture at any time any female 
deer. 



A fine of not more than $.500 nor 
less than $25, or by imprison- 
ment in the county jail for not 
less than 10 nor more than 180 
days, or both, and forfeiture of 
license for not less than 1 year. 



Note.— The open season for deer hunting is from November 1 to 
December 1, inclusive of each year in a Umited number of counties 
in Montana. 



Section 3698. The law declares it 
to be a misdemeanor to destroy 
evidence of the sex of any deer 
killed. 



Section :i699. It is illegal to hunt, 
shoot, kill, or capture any Rocky 
Mountain sheep or goat in any 
part of Montana prior to October 
1, 1926. 



A fine of not more than $500 nor 
less than $25, or by imprison- 
ment in the county jail for not 
less than 10 nor more than 180 
days, or both, and forfeiture of 
license for not less than 1 year. 

The same. 



28 



PENALTY. 

A fine of not more than $500 nor 
less than $25, or by imprison- 
ment in the county jail for not 
less than 10 nor more than 180 
days, or both, and forfeiture of 
license for a period of not less 
than 1 year. 

A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the county jail for not less 
than 10 nor more than 180 days, 
or both, and forfeiture of license 
for not less than 1 year. 



Section 3700. Under this section 

the hunting, shooting, killing, or 

capturing of quail, Chinese pheas- 
ant, Hungarian pheasant, wood 

tluclc, curlew, swan, loon, or 

turtle dove at any time or place 

-within the State is prohibited. 
Section 3701. It is unlawful to 

hunt, shoot, kill, or capture any 

groase, prairie chicken, sage hen, 

sage grouse, fool hen, pheasant, 

or partridge, except from Octo- 
ber 1 to October 15 inclusive of 

each year, and then it is lawful 

only in the counties of Flathead, 

Missoula, Lincoln, and Sanders 

before September 15, 1923. It is 

illegal, too, for any person to 

shoot, kill, or capture in any one 

day more than five birds of any 

kind, or for any person to have 

in possession more than five of 

any kind at any one time. \ 

Note. — The Fish and Game Commission of Montana has discre- 
tionary power to close anv territory' for hunting or fishing and to 
modify the law relati\e to closed or open periods (Chap. 193, Session 
Laws, 1921). 



Section 3703. It is unlawful to 
himt, shoot, kill, or capture any 
wild geese, wild duck, or brant, 
except from the 16th day of Sep- 
tember of any year to the 1st of 
January of the following year, 
or to shoot, kill, or capture more 
than 20 ducks, 8 geese, or 8 brant. 

Section 3704. The law prohibits 
the shooting, killing, trapping, 
or capturing of marten, otter, 
fox, sable, muskrat, or fisher, 
except from the 1st day of No- 
vember of any year to the 1st 
day of April of the following 
year. 



A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the coimty jail for not less 
than 10 days nor more than 180 
days, or both, and forfeiture of 
license for a period of not less 
than 1 year. 

The same. 



29 



Sections 3761 to 3770. Violation 
of the terms of tlie laws which 
created the Flathead, Gallatin, 
Highwood, Powder River, Pryor 
Mountain, Snow Creek, Snowy 
Mountain, Sun River, and Twin 
Buttes Game Preserves. 

Sections 3771 and 3772, Violation 
of the provisions of the law which 
created the South Moccasin 
Game Preserve. 

Sections 3775 and 3776. Violation 
of the provisions of the law which 
created the Beaverhead Fish and 
Game Preserve. 

Sections 3773 and 3774. Violation 
of the provisions of the Act which 
created the Blackleaf Game and 

. Bird Preserve. 



penalty. 

A fine of not less than $25 nor more 
than $500, or imprisonment in 
the coimty jail for not less than 
10 days nor more than 180 days, 
or both. 



A fine of not less than $50 nor more 
than $500, or imprisonment in 
the coimty jail for not more than 
90 days, or both. 

A fine of not less than $25 nor more 
than $100, or imprisonment in 
the comity jail for not less than 
30 days nor more than 6 months, 
or both. 

A fine of not less than $25 nor more 
than $500, or by imprisonment 
in the county jail for not less than 
10 nor more than 100 days, or 
both. 



Note.— Should any Forest officer desire to be informed of the 
boundaries of any of the Game Preserves of Montana, he should, 
request the information from the District Forester. 



DIGEST OF MONTANA PROPERTY TRESPASS 
LAWS. 



Revised Code of 1921. 



OFFENSE. 



Section 11345. Maliciously burn- 
ing in the nighttime an inha- 
bited building in which there is 
at the time some human being. 

Maliciously burning with intent to 
destroy any building, house, 
edifice, structure, vessel, railroad 
car, tent, camp wagon, sheep 
wagon, or other erection capable 
of afliording shelter. 

Section 11348. Any person who 
shall enter in the nighttime any 
house, room, apartment, tene- 
ment, shop, warehouse, store, 



Imprisonment in the State prison 
for not less than 5 years. 



Imprisonment in the State prison 
for not less than 1 nor more than 
10 years.. 



Imprisonment in the State prison 
for not less than 1 nor more than 
15 years. 



30 



OFFENSE. 

mill, barn, stable, outhouse or 
other building, tent, vessel, rail- 
road ear, with intent to commit 
grand or petit larceny, or any 
felony, is guilty of burglary in 
the first degree. 

Any person who shall enter in the 
daytime any of the structures de- 
fined in the last section, with 
intent to commit grand or petit 
larceny, or a felony, is guilty of 
burglary in the second degree. 

Section 11352. Any person who 
shall commit burglary with the 
use of nitroglycerin, dynamite, 
gimpowder, or other high explo- 
sive. 

Section 11482. It is unlawful for 
any person to tear down, break, 
or injure any fence or other en- 
closure for the purpose of enter- 
ing on the land of another with- 
out the consent of the owner or 
the occupant. 

Sections 11373 xsn 11374. Any 
person who takes any property 
with intent to defraud the true 
owner of his jiroperty, or the use 
and benefit of the same, or ob- 
tains possession of the property, 
by the aid of any fraudulent or 
false representation, or makes 
any check, order, or draft for the 
payment of money, upon any 
bank, knowing at the time of 
such making, or drawing, that 
sufficient funds are not available, 
etc., is guilty of larceny. If the 
value of the thing taken or ob- 
tained exceeds in value the sum 
of S50, or if the property is taken 
from the person of another, it is 
grand larceny. If the value of 
the thing taken or obtained is 
less than $50, the crime is petit 
larceny. 



Imprisonment in the State prison 
for not more than 5 years. 



Imprisonment in the State prison 
for not less than 15 years nor more 
than 40 vears. 



A fine of not less than SIO nor more 
than $500, or imprisonment in the 
county jail not exceeding 6 
months, or both. 



j For grand larceny the penalty is 

i imprisonment in the State prison 

I for not less than 1 nor more than 

j 14 years. 

I For petit larceny the punishment 

I prescribed is a fine of not more 

I than $500, or imprisonment in the 

' county jail for not more than 6 
months, or both. 



31 



OFFENSE. 

SECTION 11476. It is unlawful for 
any person willfully and mali- 
ciously to burn any bridge ex- 
ceeding $50 in value, or any stack 
of grain or hay, or any growing 
or standing grain, grass, tree, or 
fence belonging to another. 

Section 11481. It is unlawful will- 
fully or maliciously to cut down, 
destroy, or injure any kind of 
wood or timber growing or stand- 
ing on the land of another, or 
carry away from such lands any 
timber or wood, or mahciously to 
injure or sever any property from 
such land. 

To destroy, deface, or injure any 
door, window, or other portion 
of a vacant residence or other 
building or maliciously opening 
any closed door or window of 
such building without the con- 
sent of the owner, tenant, etc., 
is a crime. 

Section 11487. It is a crime will- 
fully and maliciously to cut, 
break, in jure, or destroy any dam, 
bridge, canal, flume, aqueduct, 
levee, embankment, reservoir, 
or other structures erected to 
create hydrauUc power, or for 
mining, manufacturing, agri- 
cultural, or municipal purposes. 

Section 114S8. Maliciously to cut, 
sink, break, injure, or set adrift, 
any boat or vessel the property 
of another is a crime. 

Section 114S9. Every person who 
unlawfully obstructs the naviga- 
tion of any navigable stream, is 
guilty of a misdemeanor. 

Section 11491. Defacing, destroy- 
ing, or tearing down any copy of 
or extract from any law of the 
United States, or of the State of 



PENALTY. 

Imprisonment in the State prison 
for not less than 1 nor more than 
10 years . 



A fine of not more than $500 or im- 
prisonment in the county jail 
for not more than 6 months, or 
both. 



The same. 



A fine of not less than $100, or im- 
prisonment in the county jail 
for not more than 2 years, or both . 



A fine of not more than $500. or im- 
prisonment in the county jail 
for not more than 6 months, or 
both. 

The same. 



A fine of not more than $100, or 
imprisonment in the county jail 
for not more than 3 months, or 
both. 



3-2 



OFFENSE. 

. Montana, or any proc-lamation, 
advertisement, or notification 
set up at any place in the State 
of Montana by authority of any 
law of the United States or of 
Montana, is prohibited. 

Section 11499. Willfully break- 
ing, digging up, obstructing, or 
injuring any pipe or main con- 
ducting water or gas, or any 
works erected for supplying 
buildings with water or gas, is a 
misdemeanor. 

Section 11512. Willfully adminis- 
tering poison to any animal, the 
property of another, or exposing 
the same with intent to have it 
taken by an animal, the property 
of another, is a felony. 

Section 1152S. Willfully leaving 
open the gate loading in or out of 
any inclosed premises is a mis- 
demeanor. 

Section 11233. Any person who 
maintains anything injurious to 
health, or indecent or offensive to 
the senses, or anything that is an 
obstruction to the free use of 
property, so as to interfere with 
the comfortable enjojTnent of 
life and property by a commu- 
nity or neighborhood, or any con- 
siderable number of persons, 
etc., is guilty of maintaining a 
pubUc nuisance. 

Section 11235. Putting dead ani- 
mals or the offal of a slaughter 
pen or butchershop in any river, 
creek, pond, reservoir, or public 
highway, or on the borders of 
any stream, lake, etc., from 
which the water supply of a city 
or town is taken, is illegal. 



A fine of not more than .$500, or 
imprisonment in the county jail 
for not more than 6 montlis, or 
both. 



Imprisonment in the State prison 
for not more than 3 years or in 
the county jail for not more than 
1 year, or a fine of not more than 
$500, or both. 

A fine of not more than $25. 



A fine of not more than $500, or 
imprisonment in the county jail 
for not more than 6 months, or 
both. 



A fine of not more than $1,000, or 
imprisonment in the county jail 
for not more than 1 year, or both. 



Section 11210. Defacing marks 
upon logs, lumber, or wood, or 
placing false marks thereon, with 
intent to prevent the owner from 
identifying or discovering his 
property, is a crime. 

Section 11194, Willfully poison- 
ing food, medicine, or water, or 
drink, or any well or spring or 
reservoir of water, is a felony. 

Section 11474. Every person who 
maliciously injures or destroys 
any real or personal property not 
his own is guilty of a crime. 



A. fine of not more than $.')00, or 
imprisonment in the county jail 
for not mnro than (> months, or 
both. 



Imprisonnicut, in iJie Stale prison 
for not less than 1 nor more than 
10 years. 

A fine of not more than $.300, or 
imprisonment in the county jail 
for not more than 6 months, or 
both in case of a misdemeanor 
and in case of felony, confine- 
ment in the State penitentiary 
for a term of not less than 1 year 
and not more than 5 years. 



DIGEST OF MONTANA GRAZING TRESPASS AND 
STOCK SANITATION LAWS. 



Revised code, 1921. 



OFFENSE, 



PENALTY, 



Section 3.317. It is unlawful to re- 
move from Montana anj- horse, 
mule, mare, colt, or foal without 
the same being inspected by a 
stock inspector, or the sheriff of 
the county. 

Section 3324. It is illegal for any 
person, association, or corpora- 
tion to remove any stock or neat 
cattle from one county to an- 
other within the State of Mon- 
tana, by railroad or otherwise, 
until they are inspected for 
brands, by a stock inspector. 

_ Note. This act does not apply to stock driven by the owner from 
one county to another for the purpose of pasturing, feeding, or 
changing range, etc. 

310113—22 3 



A fine of not more than .S,300 nor 
less than S.50, or imprisonment 
in the county jail in default of 
payment of fine until such fine 
is discharged at the rate provided 
by law. 

A fine of not less than -SoO nor more 
than $.500, or imprisonment in 
the county jail for not more than 
6 months, or both. 



34 



OFFENSE. 

It is illegal for any railroad com- 
pany to ship anj' stock or neat 
cattle without receiving an in- 
spection certificate covering such 
stock. 

Section ;328s. To violate the rules 
of the Montana Stock Sanitary 
Board is a crime. 

Section 3269. It is unlawful to sell 
for human food any part of an 
animal slaughtered under insan- 
itary conditions. 

Section 32S7. It is unlawful for 
any owner or agent in charge of a 
domestic animal to permit such 
animal to rini at large on the pub- 
lic range or on a public highway 
while it is sufTering from or ex- 
posed to any infectious, contagi- 
ous, or communicable disease. 

Section 11211. MaUciously to 
mark or. brand, or alter any 
brand, with intent to steal any 
kind of stock or prevent its 
identification l)y the owner is a 
felony. 

Section 3306. Violation of the 
law of 1921 providing for the reg- 
ulation, artificial marking or 
branding of live stock, and 
recording of marks and brands is 
a misdemeanor. 

Section 11263. To knowingly sell 
or offer for sale any animal hav- 
ing glanders, farcy, or anj- conta- 
gious disease is a crime. 

Section 11.543. To drive any 
horses, cattle, mules, or sheep 
through Montana, which are 
brought fi'om another State with- 
out being properly branded, is a 
misdemeanor. 

Section 11.')49. It is unlawful to 
drive any cattle, horses, mules, 
or sheep from their customary 
range without the consent of the 
owner. 



penalty. 

A fine of not less than $50 nor more 
than S500, or imprisonment in 
the county jail for not more than 
6 months, or both. 

A fine of not more than $.500, or im- 
prisonment in the c.oiuity jail for 
not more than 6 months, or both. 

The same. 



The same 



A fine of not more than $500, or im- 
prisonment in the State prison 
for not more than 5 years, or 
both. 



A fine of not more than Sl,000, or 
imprisonment in the county jail 
for not more than I j'-ear, or both. 



A fine of not more than $500, or im- 
prisonment in the county jail for 
not more than 6 months, or both. 

A fine of not less than $50 nor more 

than .1300. 



A fine of not more than $100, or im- 
prisonment in the cotmty jail for 
not morcthan 90 days, or both . 



35 



Sections 3403 to 3405. It is unlaw- 
ful for any person, firm, com- 
pany, or corporation to turn 
upon or allow to run at large on 
the open range of the national 
forest reserves any bull, other 
than a pure-bred one of recog- 
nized beef tjqDC, or in case such 
person perinits female breeding 
cattle to run at large, any pure- 
bred buU less than 15 months or 
more than 8 years of age. 

Section 3340. It is unlawful for any 
person to take into possession 
for his own use and benefit any 
estray without owner's consent. 



A fine of not less than $25 nor more 
than |2r/). 



A fine of not less than $25 nor more 
than $100, or imprisonment in 
the county jail for not exceeding 
60 days, or both. 



Note. — An ''estray" is defined as any mare, gelding, staUioii, 
colt, foal, mule, jack, jennet, cow, ox, steer, bull, stag, heifer, or calf, 
running at large away from its accustomed range, or any of the 
animals defined, the owner of which can not be found upoii reason- 
able diUgence. 



DIGEST OF MISCELLANEOUS TRESPASS LAWS 
OF MONTANA. 

Revised Code of 1921. 

Grouped under this head is the substance of several Montana trespass 
laws applicable within as well as without national forests. They are 
dissimilar in many respects to other trespass laws; therefore it is deemed 
appropriate to set out a digest of them apart from the others. 



Section 1729. The failure of the 
person responsible for encroach- 
ment by any fence, building, or 
otherwise on a public highway, 
to remove the same immediately 
upon the request of the proper 
road supervisor. 

Section 10894. Any person who 
destroys any book, paper, instru- 
ment, or writing, or other mat- 
ter or thing, knowing that the 
same is about to be required as 
evidence at any trial or investi- 
gation required by law, or con- 
ceals the same is guilty of a mis- 
demeanor. 



PENALTi'. 

Forfeiture of $10 for each day that 
the encroachment remains uii- 
moved after due notice. 



A fine of not more than $500, or im> 
prisonment in the county jail for 
not more than 6 months, or both 



36 



PENALTY. 

A fiiie of not more than S500, or 
imprisonment in the county jail 
for not more than 6 months, or 
both. 

A fine of not more than S5,000, or 
imprisonment in the county jail 
for not more than 5 years. 

A fine of not more than $1,000 or 
prisonment in the county jail for 
not more than 1 year, or both. 

A fine of not more than $1,000, or 
imprisonment in the State prison 
for not more than 5 years, or in 
the county jail for not more than 
1 year, or both. 

Note. A highway is defined by law as any highway, road, lane, 
street, alley, court, place, or bridge laid out or erected by the pubhc 
or traveled or used by the public, or laid nut or erected aiid dedicated 
by others to pubhc use, or made a public highway upon petition . 



OFFENSE. 

Section 10895. Preventing or dis- 
suading a witness from appearing 
at a trial authorized by law. 

Section 10916. Refusal of any 
peace officer to arrest a person 
properly charged with the com- 
mission of a crime. 

Section 1089S. If two or more per- 
sons conspire to commit a crime 
of any kind, it is a criminal con- 
spiracy. 

Section 11404. It is unlawful ma- 
liciously to injure a pubhc liigh- 
way or obstruct the same. 



Section 2649. It is illegal to pol- 
lute in any manner any water 
which is used as a source of sup- 
ply for any city, town. Federal, 
State, or county institution, or 
render it injurious to health, or to 
violate the rules of the State 
Board of Health. 

Section 11303. Carrying concealed 
weapons outside of the limits 
of any city or town is a crime. 



A fine of not more than $1,000, or 
imprisonment for not more than 
1 year, or both. 



A fuie of not less than $25 nor more 
than $300, or by imprisonment 
in the county jail for not less than 
six months nor more than 1 year, 
or both. 



Note. This law does not apply to peace officers, game wardens ; 
forest officers, etc. 



PART III. 

DIGEST OF IDAHO FIRE TRESPASS AND BRUSH 
DISPOSAL LAWS. 

Comqnled Statutes of 1919. 



Section 2943. Failure of any per- 
son, firm, or corporation engaged 
in the cutting and removal of 
timber, etc., to pile and burn or 
dispose of the brush incident to 
cutting, in a manner prescribed 
by the fire warden of the district. 

Section 2947. Setting out a fire 
by any logger, camper, farmer, 
individual, firm, or corporation 
from June 1 to October 1, in 
slashings, faUen or down timber, 
or on timberlands, or in the 
vicinity of grain fields, for the 
purpose of clearing brush, grass, 
or other inflammable material, 
without obtaining a written per- 
mit from the fire warden of the 
district. 

Setting out a fire when the wind is 
blowing to such an extent as to 
cause danger of the same getting 
beyond control of the i)erson 
setting out the fire. 

Failure of the person setting out 
the fire to watch it until it is out. 

Failure to have sufficient h(<li» 
present to control the fire. 

Section 294.J. Faihne to conform 
to the rules made by the fire 
warden of thcdistrift regarding 
brush disposal . 



Fine of not less than $100 jior more 
than $500, or imjirisonment in 
the county jail for not less than 
30 days nor more than (i months, 
or both fine and imprisonment. 



Fine of not less than .1100 nor more 
than $300, or imprisonment in 
the county jail for not less than 
30 days nor more than 6 months. 



The same. 



The s:u)-.e. 
The same. 

Fine of not less than .$100 nor more 
than $J00, or imprisonment in 
the county jail for not less than 
30 days nor more than 6 months, 
or both fine and ininrisoTiment. 



(:^7) 



38 



OFFENSE. 

SECTION 2945. Operating in a tim- 
ber district any locomotive, 
logging engine, portable engine, 
traction engine, or stationery 
engine without a good and effi- 
cient spark arrester. 

Section 294(3. Failure of warden or 
deputy warden or other person 
lawfully commanded to assist in 
the enforcement of the flrelaw to 
perform liis duty without suffi- 
cient cause. 

Kindling a fire on or near to forest 
or prairie lands and leaving the 
same unextinguished. 

Using other than incombustible 
wads for fire arms. 

Carrying a naked torch, firebrand, 
or exposed light in or near to 
forest land. 

Defacing, destroying, or removing 
any abstract or notice posted 
under this chapter. 

Section 294s. Failure of railroad 
operator to keep clear of com- 
bustible material a strip 50 feet 
on each side of center of line from 
June 1 to October 1. 

Railroad employees leaving or de- 
positing fire, live coals, or ashes 
in the immediate vicinity of 
woodland or lands liable to be 
overrun by fire. 
Failure of railroad operator to have 
posted in each station fire-warn- 
ing placards. 
Failure of railroad operator to give 
fire-prevention instruction to 
(his) employees at the beginning 
of the fire season. 
Section 8340. Willfully or care- 
lessly setting on fire or causing 
to be set on fire any tiviberlands, 
thereby destroying the timber. 



Fine of not less than $2.') nor more 
than $100 for each day that such 
engine or locomotive is so used. 



Fine of not less than $10 nor more 
than .SKK). 



The same. 

The same. 
The same. 

The same. 



Fine of not more than $100 for 
each offense. 



Fine ol not less than «5 nor more 
than i?50. 



Fine of not more than ?100. 



The same. 



Fine of not mare than $300, or 
imprisonment in the county 
jail for not more than G months, 
or both . 



39 



OFFENSE. 

WillfuHy setting on fire or causing 
to be set on fire prairie lands, 
thereby destroying the grass or 
grain on such lands. 

Building a camp fire in any woods 
or on any prairie and leaving the 
same without totally extinguish- 
ing the same. 

Railroad company willfully and 
carelessly permitting fire to 
spread from its right of way to 
adjoining lands. 



Fine of not more than .$300, or 
imprisonment in the county jail 
for not more than fi months, or 
both. 

The same. 



The same 



DIGEST OF IDAHO FISH AND GAME TRESPASS 
LAWS. 

Compiled Statutes of 1919. 



Section 2686 (as amended by the ! A fine of not less than $2.5 nor more 



than $.300, or imprisonment for 
not less than 30 days nor more 
than months, or both. 



session laws of 1921). It is un- 
lawful for any person to hunt, 
trap, or angle for any of the wild 
animals, birds, or fish in the 
State of Idaho unless in the man- 
ner provided by law and then 
only after procuring the required 
license. 

Note.— Gavne animals are defined by the Idaho law ($2679 as 
amended in 1921) as moose, elk, deer, caribou, mountain goat, 
mountain sheep, antelope, bear, snowshoc and cottontail rabbits, 
and bear. Game birds are defined (§2580) as swan, geese, brant, 
river and sea ducks, rails, coot or mud hens, plover, surf birds, 
snipe, sandpipers, tattlers, curlews, sage hens, grouse, nrairie chick- 
ens, pheasants, partridges, quail, and turtle doves. Game lish are 
defined (§2681) as trout, char, black bass, perch, sun fish, red fish, 
white fish, ling, grayling, sturgeon, salmon, land-locked salmon, cat 
fish, bull head, and bull frog. 



It is unlawful to carry any uncased 
gun in the fields or forests with- 
out first having procured a li- 



A fine of not less than $25 nor 
more than $.300, or imprison- 
ment for not less than .30 days 
nor more than 6 months, or both . 
Section 2687 (as amended by the The same. 
Session Laws of 1921), It is un- 
lawful to hunt any game or fur- 
bearing animal without having 
procured a license. 

^OTK.— Fur-bearing animals are defined (it 2683 as amended in 1921) 
as beaver, otter, marten, mink, muskmt raccoon, fox, and fisher. 



40 



It is unlawful to fish in the public 
miters of the State without first 
having procuied a license. 



PKNAMV. 

.V fine of not less than S2.5 nor 
more than S300, or imprison- 
ment for not les:-" than 30 (lays 
i nor more thqin 6 months , or both . 

Note.— Under the law (§2()8S as amended in 1921) children under 
12 may take fish without a license. \'eterans of the Civil War may 
take fish, game animals, and game birds without a license. It is also 
provided that §2687 shall not apply to such children and veterans. 



A fine of not less than $25 nor 
more than .S300, or imprisonment 
for not less than 30 days nor 
more than G months, or both. 



The same. 



Section 26S9. The law prohibits 

any child under 12 years of age 

from having in his possession 

any shot gun, rifie, or firearm 

while in tlie field or forest or in 

any tent, camp, or auto. 
Section 2698. Failure to produce 

a license on the request of any 

game warden or any assistant 

or de])uty. 

Note.— There are three classes of licenses, viz, citizen and bona 
fide resident licenses, nonresident licenses, and alien licenses. 

These are further divided into: Licenses which grant authority 
to hunt or kill game animals, game birds, and game fish during 
the open season: licenses which authorize the hunting or killing 
of game birds only, in the open season; licenses to catch fish in the 
open season in the manner provided by law: license to trap fur- 
Ijearing animals within specified periods; licenses to carry a rifle 
for the protection of stock but not for hunting. 



Section 26S6. It is unlawful to 
hunt or fish without a properly 
issued license in your possession. 

Section 270.') (as amended in 
1921). Selling or offering for 
sale, shipping or offering for 
sliipment any salmon, wliitefish, 
or sturgeon without first secur- 
ing a permit is a misdemeanor. 

Section 2708 (as amended in 
1921). It is unlawfil for anyone 
to : eU or keep fir sale any part 
or parts of any game animal 
(except bear), except the hides, 
liorns, or heads, and they may 
1)0 sold only when accompanied 
by an affidavit in the f rm (f a 
shipping permit. 



A fine of not loss than S25 nor 
more than $300, or imprisormncnt 
for not less than 30 days nor 
more than 6 months, or both. 

A fine of not less than S2.5 no;- 
more than S5100. or imprisonment 
for not less than 10 nf)r mf)re 
than 60 davs, or both. 



A fine of not less than S2.j iior 
more than $300, or imprisomiient 
for not less than 30 days nor 
more tlian 6 months, or both. 



41 



PEXALTV. 

A Quo of not loss than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than c. months, or both. 



Sectiox 2710 (as ammdecl in I 
1921). A sliipment of ' game - 
animals or ])arts thereof in 
transit at the close of the open 
season may continue to destina- 
tion but not for more than 5 j 
days after such close. Possession 
except as authorized by this [ 
or other provisions of the law is ': 
a misdemeanor. 

Section 2723 (as amended in 1 

1921). It is unlawful for any j 

person, company, or corporation j 

to offer for sale, or sell, or have j 

in possession for such purpose j 

any game animals, game birds, [ 

game fish, or parts thereof, i 

except as provided by law. I 



Note.— This law is not applicable to the owners of private fish 
ponds. 



SECTION 2725 (as amended in 1921). 
It is a misdemeanor for any per- 
son, company, or corporation to 
store or receive for storage any 
game or fish except during the j 
open season therefor and from 
the lawful possessor and unless 
the license tag is attached and 
the affidavit and storage permit 
are received from the owner. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
llian i) months, or both. 



Note.— Migratory waterfowl may be possessed or stored for 10 
daj-^s only next succeeding the open season therefor. 



SECTION 2726 (as amended in 1921). 
The possession of any game, dead 
or alive, during the closed season 
unless it was procured lawfully 
during the open season is a 
crime. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days Jior more 
than 6 months, or both. 



Exception.— Migratory birds may be retained in captivity for 
decoy purposes only under permits from the State Fish and Uame 
Warclen and the Federal Government. 



42 



OFFKNsr::. 

Sectton 2730 (as amencied in 1921 ). 
It is unlawful to catch, attempt 
to catch, or kill any species of fish 
with any seine, net, spear, weir, 
fence, basket, trap, gill-net, 
trammel net, or other contriv- 
ance. 



I'ENALTV. 

A line of not less than Sf)!) nor moiv 
than $:iOO, or imprisonment for 
not less than 20 days nor more 
than n months, or both. 



Note.— This docs not apply to the spbariiig ol'iing in tiie Kootenai 
River in Boundary County, nor to the capture of sturgeon with a set 
line, nor (see §2732) to the capture of salmon in certain parts of the 
Snake and Clearwater Rivers. Under permit from the fish ajid 
game warden (§2734 as amended in 1921), whitefish, herring, Ung, 
suckers, mullet, chub, carp, and squawfishmay be taken with anj'iof 
the above contrivances. 

Skction 273.J (as amended in 1921 ). [ A fine of not less than $2o nor more 



It is unlawful to catch or attempt | 
to catch trout in any manner | 
during the months of April or j 
May, except in lakes and navi- 
gable streams. i 



thaTi .S.300, or imprisonment for 
not less than 30 days nor more 
than H months, or both. 



Note. — For dctinitlon of navigable streams, see se(;tion 
lish and game laws. 



r3C of the 



Sfxtion 2739 (as amended in 1921) . 
It is unlawful to (^atch any kind 
of fish through the ice, except in 
Bear Lake, Pend Oreille Lake, 
Payette and Warm Lakes, Koo- 
tenai River, Clearwater River up 
to the town of Lowell, North 
Fork of the Clearwater River up 
to the mouth of Beaver Creek, 
Salmon River up to the Sun- 
beam Dam, Snake River up to 
the AVyoming State line. 



A tine of not less than $25 nor more 
than S300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 



Note. — Section 2740 permits trout fishing tlirough the ice 
Kootenai River and Pend Oreille and Bear Lakes. 



Section 2741. The law prohibits 
fishing within 300 feet of a fish 
ladder or dam in anv stream. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 



43 



OFFENSE. 

Section 2742 (as amended in 
1921). As to certain species it 
is unlawful to catch more than 
15 pounds and 1 fish in any 
one day or to have in pos- 
session more than 30 pounds, or 
to catch in one day more than 
50 or to Iiave in possession more 
than 100 fish. 

Section 2743. It is unlawful to kill 
or destroy or have in possession 
any trout or black bass less than 
6 inches in length. 

Section 2744. Fishing for trout 
from the back of any animal is 
forbidden. 

Section 2746. The taking of bull- 
frogs without a license is forbid- 
den. 

Section 2747. It is unlawful to 
hunt, catch, or kill bullfrogs from 
April 15 to May 31, or to sell or 
purchase any bullfrogs or parts 
thereof. 

Section 2756 (as amended in 1921). 
The law prohibits hunting for, 
shooting at, shooting, killing, 
etc., of ducks, geese, or migratory 
birds from any launch or boat 
propelled by motor power of any 
kind. It prohibits also the 
shooting, etc., of any game ani- 
mal or game bird from a power 
boat, sailboat, automobile, or 
airplane. 

Section 2759. The ensnaring or 
trapping of game birds, unless 
under permit, is prohibited. 

Section 2760. It is unlawful to 
kill bandtailed pigeons, cranes, 
swans, or curlews and certain 
other migratory birds prior to 
December 7, 1926. 



penalty. 

A fine of not less than $25 nor n o] v 
than $300, or imprisonmeni foi 
not less than 30 days nor i: nrr 
than fi months, or both. 



The same. 



The same. 



The same. 



The same. 



The same. 



The same. 



The same. 



44 



A flue of not less than $25 nor more 
thaQ $300, or imprisonment for 
not less than 30 days nor more 
than months, or both. 



Ilii 



OFFENSE. 

Section 2761 (as amended in 1921). 

The law prohibits the killing, 

attempted kiUing, or destruction 

of wild duck, geese, woodcock, 

black-breasted and golden 

plover, yellow legs, Wilson or 

jack snipe, except from October 

1 to December 31, or the killing 

in one day or having in posses- 
sion at any time more than 12 

ducks, 2 geese, 6 plover, 6 yellow 

legs, or 12 Wilson or jack snipe, 

or the kilUng or having in posses- 
sion at any one time a total of 

more than 20 of these birds. 
Section 2762 (as amended in 1921). 

It is unlawful to IdU or destroy 

any mourning dove at any time 

or to kill in one day or have in 

possession a total of more than 6 

partridges, sage hens, native 

pheasants, or grouse, or more 

than 8 quail. 

Note.— Under sections 2763, 2764, and 276.5 as amended in 1921 
the open season for grouse and native pheasant in Boundary, Bonner. 
Kootenai, Benewah, and Shoshone Counties is from October 1 to 
October 31, inclusive. 

The open season in Latah, Clearwater, and Nez Perce Counties is 
from September 15 to October 15, inclusive. 

Hungarian partridge may be killed in Nez Perce County from 
November 1 to November 30, inclusive. 

In Latah and Kootenai Counties the open season for Hungarian 
partridge is from November 1 to November 15, inclusive. 

The open season for sage hen is from August 15 to September 15, 
inclusive. 

Quail may be taken in Nez Perce County from November 1 to 
November 30, inclusive, and in Kootenai County from November 
1 to November 15, inclusive. Other northern counties are closed 
for quail hunting. 



Section 2767 (as amended in 1921). 
It is unlawful to kill Chinese, 
Mongolian, or ringneck pheas- 
ants in Latah and Nez Perce 
Counties, except from November 
1 to November 30, inclusive, or 
to kill more than 4 of such birds 
or to sell or offer for sale such 
birds. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 



45 



OFFENSE. 

Section 2768. It is contrary to law 
to hunt, kill, capture, or destroy 
any song, insectivorous, or inno- 
cent birds with certain excep- 
tions. 

Section 2771. It is unlawful to 
pursue, capture, or kill any 
moose, buffalo, antelope, caribou, 
calf elk, spotted fawn, or moun- 
tain sheep at any time. 

It is unlawful to kill beaver with- 
out a permit from the Stal e lish 
and game warden. 

Section 2772. It is unlawful for 
anyone to have beaver hides in 
possession without a permit 
from the State fish and game 
warden . 

Section 2773 (as amended in 1921). 
The hunting, killing, or pursuing 
of elk and mountain goat is pro- 
hibited in Idaho and Clearwater 
Counties, except from October 1 
to November 15, inclusive. 

It is unlawful to hunt, kiU, or pur- 
sue any deer in Boundary, Bon- 
ner, Benewah, Kootenai, Sho- 
shone, Latah, Nez Perce, Idaho, 
or Clearwater Counties, except 
from October 1 to November 15, 
inclusive. 

Section 2774. It is unlawful to kill 
or capture any deer, elk, moun- 
tain sheep, or mountain goat by 
means of any pitfall, trap, or 
snaVe, or at any deer Uck, or to 
hunt, capture, or piu'sue any of 
these animals with dogs. 

Section 2776. No more than one 
elk, one deer, and one mountain 
goat can be legally kiUcd or cap- 
tured by any person. 

Section 2777. To have in posses- 
sion more than 30 pounds of 
dried, smoked, evaporated, or 
jerked venison is uTilawful. 



A fine of not less than S25 nor moi 
than $i00. 



A fine of not less than S25nor uioi 
than §300, or imprisonment fot 
not less than 30 days nor nioi 
than 6 months, or both. 



The same. 



The same. 



The same. 



The same. 



The same 



The sa; 



The 



46 



A fine of not less than $25 nor more 
than $300, or imprison raent for 
not less than 30 days nor more 
than 6 months, or both. 



The same. 



OFFENSE . 

Section 2778 (as amended in 1921). 
To make use of any dog in hunt- 
ing, pursuing, or killing any 
game animal (except bear, fur- 
bearing, or predatory animals) 
is unlawful. 

I J is unlawful to watch or lie in wait 
upon or near any dry or wet 
stands, licks, creeks, rivers, or 
lakes that game animals other 
than bear, fur-bearing, or preda- 
tory animals are accustomed to 
use, with intent to take, kill, 
injure, or destroy any of these 
animals. 

It is unlawful to shoot or kill elk or 
deer while any of these animals 
are in the water or upon the ice 
of any stream, lake, or pond. 

Note.— If the animal taken be a deer, antelope, mountain goat, or 
mountain sheep, the penalty is a fine of not less than $100 nor 
more than $300, or imprisonment in the county jail for not less 
than 30 days nor more than 6 months, or both (§2779). 

If the animal taken be a moose, elk, buffalo, or caribou, the 'pen- 
alty is a fine of not less than $150 nor more than $300, or impris- 
onment for not less than 60 days nor more than 6 months, or both 
.(§2780). 

If the animal taken be a calf elk, spotted fawn, or young 
mountain sheep, the penalty is a fine of not less than $25 nor more 
than $100, or imprisonment 'for not less than 10 days nor more than 60 
days, or both (§2781). 

If the animal taken be a snowshoe or cottontail rabbit, the 
penalty is a fine of not less than $25 nor more than $300, or imprison- 
ment for not less than 30 days nor more than 6 months, or both. 



The same. 



Section 2783 (as amended in 1921). 
It is unlawful to trap muskrats, 
mink, raccoon, or otter except 
from December 1 to May 1. 

The trapping of marten, fox, or 
fisher is prohibited except from 
October 1 to February 1. 

It is unlawful to kill bear in th 
counties of Boundary, Bonner, 
Kootenai, Shoshone, or Bene- 
wah except from September 16 
10 May 30, inclusive. 

It is unlawful to trap beaver at any 
lime of the year. 



A. fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 

The same. 



The same. 



The same. 



47 



.OFFENSE. 

Section 2784. It is unlawful lu use 
the flesh of any game animal or 
bird for bait in trapping fur- 
bearing animals. 

Section 2788. It is a criminal of- 
fense for a trapper to fail to make 
the report require! each year by 
the State fish and game warden. 

Section 2800. It is a misdemeanor 
to injure or destroy any rack or 
trap erected by the United States 
Bureau of Fisheries in any of the 
streams of Idaho, or to kill, de- 
stroy, or molest any salmon or 
game fish within 2 miles of any 
such rack or trap. 

Section 2804. Maliciously to waste 
any game or fish is a misde- 
meanor. 

Section 2424. To violate the law- 
applicable to game preserves is a 
misdemeanor. 



PENALTY. 

.V fine- of not less than $2^} nor more 
than S300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 

A fine of not less than SI nor more 
than $100, or impri.' nment for 
not less than '■> n( v . ■ ; than 30 
days, or both. 

A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 daj^s nor more 
than 6 months, or both. 



The same. 



The general penalty is a fiiie of not 
less than $100 nor more than 
UoOO, or imprisonment for not less 
I than 3 months nor more than t 
I year, or both. Specific penalties 
! are provided as to some preserves . 

Note.— 11 specific information as to the boimdaries of any game 
preserve be desired, it may be obtained from the district forester or 
from the pamphlet known as " Fish and Game l.aws of Idaho."' 

DIGEST OF IDAHO PROPERTY TRESPASS LAWS. 

Idaho (\>/iij)i1r<l Stalnlrs of 1919. 



iiccTtoNs .s420 AND S427. Larceny 
is the felonious stealing, taking, 
carrying, leading, or driving 
away the personal property of 
another, or the converting of lost 
property to one's own use with- 
out making reasonable search for 
the owner. 



See sections 8431, S432, «43-l, ^4;i 
and 8474. 



48 



Section 8429. Grand larceny is 
conimittoi if the property taken 
exceeds in value the sum of $60, 
or if the property is taken from 
the person of another, or if the 
property taken be ahorse, marc, 
geldiiis?, cow, steer, bull, calf, 
mule, jack, goat, jenny, sheep, or 
hog. 

Section 8432. If the property taken 
does not exceed $60 in value, the 
offense is petit larceny. 

Section 8438. It is vmlawful to pre- 
vent the, owner of personal prop- 
erty from gaining possession of 
it, or to buy or receive any per- 
sonal property, knowing the 
same to have been stolen. 

Section 8474. Every person who 
knowingly and designedly by 
false or fraudulent representa- 
tion or pretenses defrauds any 
other person of money or prop- 
erty or olitains credit by false 
representations or pretenses is 
guilty of a crime. 

Section 8439. It is unlawful for a 
person to bring into this State 
property wliich he has stolen in 
another State or received therein 
knowing it to have been stolen. 

Section 8441. Every person who 
willfully and without authority 
takes, with intent to deprive the 
owner thereof, any saw logs, 
timber, himber, railroad ties, 
poles, rails, posts, or cord v.-ood 
on any river or creelc, or adjoin- 
ing land, which may have floated 
down a river or creek, or removes 
or attempts to remove such logs, 
etc., or otherwise destroys or 
injiu-es them, is guilty of a mis- 
demeanor. 



Imprisonment in the State prison 
for not less than 1 noj- more than 
14 year-;. 



A line of not more than .S300, or im- 
prisonment for not more than G 
months, or both, 

A fine of not more than $1,000, or 
imprisonment in the county jail 
for not more than 6 months, or 
imprisonment in the State prison 
for not more than 5 years, or both . 

The pimishment is the same as for 
larcenv. 



The .san;e. 



A fuie of not less than $2.5 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or l)oth. 



49 



Section 8442. To deface marks, 
remark, mutilate, or change the 
marks on logs, lumber, or wood, 
with intent to prevent identity 
being discovered by the owner, 
is a misdemeanor. 

Section 8516. It is unlawful mali- 
ciously to place any obstruction 
on the rail or track cf any rail- 
road. 

Section 8517. It is a felony to 
maliciously dig up, remove, dis- 
place, break, injure, or destroy 
any public highway or any pri- 
vate way lawfully laid out or 
any bridge on eitlier of such 
ways. 

Section 8520. Willfully or negli- 
gently depositing debris of any 
kind on any highway, easement, 
or street used by the public for 
travel, which is likely to injure 
any stock, or person, etc., is a 
misdemeanor. 

Section 8521. Maliciously to take 
down, remove, obstruct, or in- 
jure any telephone or telegraph 
line or any part thereof is un- 
lawful. 

Section 8522. To obstract, injure 
or damage in any maimer any 
public road, street, or highway 
is a crime. 



pen.vlty. 

A liJie of not more than $500, or 
imprisonment not exceeding 6 
months, or botli. 



Imprisonment in the comity jail 
for not less than 6 months, or in 
the State prison for not more 
than 5 years. 

Imprisonment in the county jail 
for not more than 1 year, or iu 
the State prison for not more 
than 5 years. 



A fine of not more than $25, or im- 
prisonment for not more than 
10 days. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 

The Same. 



Note.— A highway is a road, street, alley, or|bridge laid out for 
erected by the public, or, if laid out by others, dedicated or aban- 
doned to the public. (§ 1.302.) A road not worked or used for a 
period of 5 years ceases to be a liighway for any purpose. (§ 1305.) 



Section 8527. WiUfuUy to burn, 
cut down, or materially injure 
any telephone, telegraph, or elec- 
tric-hght pole or to shoot at or 
injure any insulator or wire, etc., 
is a misdemeanor. 

110113—22 4 



A fine of not less than $25 nor rnor* 
than $100. 



50 



Skction sr)39. Every i)erson who j 
shall maliciously injure or de- | 
stroy any real or personal prop- i 
erty not his own is guilty of a j 
misdemeanor. j 

Section 8541. ^^■illi■ully to admin- j 
ister any poison to any animal, 
tJie property of another, or ex- 
pose the same with intent that it 
shall be swallowed by such ani- 
mal is a crime. 

Section 8556. Willfully and mali- 
ciously to burn any bridge ex- 
ceeding 150 in value, or any 
building, snowshed, or vessel not 
the subject of arson, or any stack 
of grain or hay, or standing or 
growing grain, or grass or fence is 
a felony. 

Section 8559. It is a misdemeanor 
to injure or destroy any standing 
crop, grain, cultivated fruits, or 
vegetables, the property of 
another. 

Section 8563. Willfully and mali- 
ciously to cut, break, injure, or 
destroy any dam, bridge, canal, 
Hume, aqueduct, levee, em- 
bankment, reservoir, or other 
structure erected to create hy- 
draulic power, or to drain or 
reclaim land, or to conduct water 
lor mining, agricultural, manu- 
facturing, or reclamation pur- 
poses, etc., is a felony. 

■Section 8504. It is a misdemeanor 
willfvdly and maliciously to 
burn, mark, brand, injiu'c, de- 
face, or destroy any piling, tele- 
graph liole, telephone pole, elec- 
tric transmission line pole, fence 
post, pile, or raft of wood, plank, 
boards, or lumber, or to cut 
loose and sink or set adrift any 
raft or vessel. 



penalty. 

A fine of not less than $25 nor more 
than 8300, or imprisonment for 
not less than 30 days nor more 
than 6 months , or both . 

A fine of not more than $500 and 
imprisonment in the county jail 
for not more than 1 year, or in 
the State prison for not more 
than 3 years. 

Imprisonment in the State prison 
for not less than 1 nor more than 
10 years. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or 1)oth. 

A fine of not more than SI, 000, or 
imprisonment for not more than 
2 vears, or both. 



A fine of not more than S300, or im 
prisonment in the county jail for 
not more than 6 months, or both. 



OFFENSl 



Section 8565. Intentionally tearing j 
down, defacing, obliterating, or I 
destroying any copy or extract of ' 
any State or Federal law, procla- 
mation, notice, or advertisement, 
set in place by authority of the 
United States or the State, or 
any court, before the expiration 
of the time set for it to remain in 
place, is a misdemeanor. 

Section 8560. Maliciously to muti- 
late, destroy, tear, deface, or 
obliterate any written instru- 
ment, the property of another, 
the false making of which would 
be forgery, is a felony. 

Section 8573. It is imlawf ul inten- 
tionally to deface, oliliterate, de- 
stroy or tear down any posted 
notice of a miningclaim, or ditch, 
or water right, or location, or to 
take down, destroy or remove 
any post or monument erected to 
mark such property, etc. 

Section 8579. Any person who 
willfully, maliciously, or mis- j 
chievously drives or causes to be 
driven any nail, spike, iron, steel, 
or metallic substance, or rock or 
stone, into any log or timl:)er in- 
tended to be manufactured into 
boards, lath, shingles, or lmnl)er, [ 
or marketed for siich purpose, is ; 
guilty of a felony. 

Sections 8580 and 8581. To advo- , 
cate crime, sabotage, violence, 
terrorism, or imlawful methods, 
as a means to accomplisli indus- 
trial or political reform, is a 
felony. 



A fine of not less than S20 nor more 
than $100, or imprisonment for 
not more than 1 montli. 



Imprisonment in the State prison 
for not less than 1 year nor more 
than 5 years. 



A fme of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or 1>oth. 



A fine of not more than S5,000, or 
imprisonment in the State prison 
for not more than 5 years, or in 
the coimty jail for not less than 
6 months. 



A fme of not more than §5,000, or 
imprisonment in the State prison 
for not more than 10 years, or 
both. 



Note. — This crime may be committed by word of mouth, or by 
writing, printing, publishing, circulating, selling, distributing, or 
displaying any "book, paper, or document advocating the com- 
mission of the abqve crimes, or by justifying the attempt or action 
of another in the advocacy of such acts, or by organizing or helping 
to organize societies for such purposes, or by being present at a 
meeting of such society, or by membership in such society. 



62 



Section 8583. It is a misdemeanor 
for the owner of any building, 
after notice to him of such build- 
ing being used for syndicalist 
meetings, to permit such as- 
semblage. 

Section 8389. Willfully to cut, de- 
stroy, or injure without author- 
ity any timber or wood, growing 
or standing on lands of the State 
of Idaho, is a misdemeanor. 

Section 8390. Willfully to cut 
without authority timber or 
wood on State lands for the pur- 
pose of shipping it out of the 
State is a felony or to ship out of 
the State timber or wood cut 
upon State lands. 



A fine of not more than $500, or 
imprisonment in the county jail 
for not more than 1 year, or both. 



A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 

A fine of not more than $5,000, or 
imprisonment in the State prison 
for not more than 5 years, or both 



DIGEST OF IDAHO GRAZING TRESPASS AND 
STOCK SANITATION LAWS. 

Idaho Compiled Statutes of 1919. 



offense. 

Section 1853. It is unlawful for 
any person, firm, or corporation 
to bring or cause to be brought 
into the State any animal af- 
fected or infected with any con- 
tagious, infectious or communi- 
cable disease. 

Sections 1847 and 1876. It is a 
crime to violate any of the regu- 
lations of the United States Sec- 
retary of Agriculture restraining 
the importation of diseased cattle 
and suppressing xjontagious dis- 
eases among domestic cattle, 
after such rules have been ac- 
cepted by the Governor of the 
State. 



A fine of not less than $100 nor 
more than $5,000. 



The same . 



53 



A fine of not less than $2') nor more 
than $100. 



Section 1860. To violate any of the A* fine of not less than SlOO nor 

quarantine regulations for the more than $5,000. 

prevention or suppression of sca- 
bies or contagious, infectious, or 

communicable diseases in sheep, 

is a crime. 
Section 1985 (as amended in 1921). 
, This statute requires every user 

of the public range during the 

breeding season to place upon 

such range a registered bull of 

beef breed not less than 15 

months nor more than 8 years of 

age, for every 25 head or fraction 

thereof of female breeding cattle 

pastured by him on such range. 

No bull shall be run on the same 

range for more than three succes- 
sive breeding seasons. A xiola- 

tion of this law is a misdemeanor. 

Note. — This law does not apply to the owner of female dairy cattle 
taken up each night to be milked, provided such owner has for breed- 
ing such cattle a registered bull for every 50 head. 

DIGEST OF IDAHO MISCELLANEOUS TRESPASS 
LAWS. 



Compiled Statutes of 1919. 



OFFENSE. 

Section 8204. It is criminal con- 
spiracy for two or more persons 
to conspire to commit any crime. 

Section 8339. To maintain or com- 
mit a public nuisance is a mis- 
demeanor. 



penalty. 

A fine of not more than .«1,000, or 
imprisonment for not more than 
1 year, or both. 

A fine of not less than $25 nor more 
than $300, or imprisonment for 
not less than 30 days nor more 
than 6 months, or both. 



Note.— A public nuisance is anything which is indecent or inju- 
rious to health, or ottensive to the "senses, or an obstruction to thefree 
useofpronerty soastoinlericro with the comfortable enjoyment of 
it by an entire community or ni'i'^hltorho od, or unlawfully obstructs 
the free passage of any navi^rahli" lalce, river, stream, street, highway, 
etc. 



PART IV. 

(1) Evidence. (2) Investigation. (3) Criminal Procedure Before 

United States Commissioners. (4) Criminal Procedure Before 

Justices' Courts in Montana. (5) Criminal Procedure Before 

Justices' and Probate Courts in Idaho. (6) Criminal Forms. 
(7) Index. 

EVIDENCE. 

In le^al iieceplation the word "evidence" includes all the means 
hy which any alleged matter of fact, the truth of which is suV)- 
mitted to investigation, is estal)Iished or disproved. 

Proof should not l>e confused with evidence. Proof is the effect of 
the evidence or what results from the evidence. Evidence is the 
medium by which truth is estahUshed. Matters of fact are proved 
by moral e\-i lence alone. Proof beyond a reasonable doul^t does not 
mean proof beyond all doubt, as is sometimes understood bj- the 
layman. When we consider the limitations of the human mind and 
the chance for error in ol^servatioJi and calculation, it would ].e un- 
reasonalde to expect a showing of proof ])eyond all doubt. Satisfactory 
evidence is that which impresses the mind of the average person, after 
it has been tested by the customary legal rules of examination, that 
the alleged fact under investigation is proved or disproved. Evidence 
must be competent and admissible, satisfactory and convincing. It 
must be sufhcient. In civil cases it must preponderate in favor of one 
party or the other to the controversy, to entitle either one to a verdict; 
in criminal cases it must be beyond a reasonable doubt. Competency 
and admissibility are entirely distinct from the sulficiency and the 
effect of evi-lence. The former is exclusively the province of the court 
to decide, and the latter is for the jury to analj^ze and value as they are 
guided l>y their experience in the common att'airs of life. 

Cumulative evidence is that of the same kind bearing directly on 
the same point. To illustrate: Smith made a certain oral statement 
to Fisher relative to his presence at a particular place at a specified 
time. On another occasion, Smith made a similar statement concerning 
the same point to Russell. The testimony of Fisher and Russell on this 
point would Ije cumulative. 

Circumstantial evidence is of two kinds— certain, or that from which 
a reasonable conclusion follows; uncertain, or that from which a 
conclusion does not necessarily or immediately follow, but which 
renders the thing probable. Additional evidence of other circumstances 
connected with the point under investigation would be necessary before 
the truth would be disclosed or proper deluctions could he made 
with a sutlkient degree of certainty. 

There are mistaken notions as 'to circumstantial evidence, especially 
as to its relialnlity and directness. There are persons who feel that 

(54) 



direct proof oi' overy all«ge:i fact ought to lie and must I t^ [jri'seiilcil 
lo a court and jury to warrant a conclusion as lo what the facts arc. 
J'his conception is erroneous, because circumstantial evidence, when 
properly tied together, is just as good as direct evidence. In fact, 
circumstantial evidence is direct evidence, and very often under a 
strong chain of it there is less chance to do injustice than under what 
is popularly known as direct evidence. The rule in criminal cases is 
that evidence of the circumstances relied upon to jirove the guilt of 
the accused must be such as to proluce a moral cerlainly in the mind 
of the jurors of the guilt of the prisoner and to cxcludt^ every other 
reasonable assumption or concl isiou . 

In the nature of human activity there is always evidence of a thing 
done or accomplished or of the failure to do what one's duty to society 
recjuires. Often it is erroneously said that there is no evidence of a fact, 
or no evidence to connect the j^reparator with the crime. There is 
always evidence of the fact to be |)roved or to connect the perpetrator 
with the crime. The difficulty is in revealing the evidence to prove 
the crime and the guilt of the accused. Evidence of a fact always exists; 
therefore it is not proper to say there is no evidence. 

Another common error is the assumption that because of family ties, 
or local ajiimosity to existing governmental regulations, or a desire not 
to be a witness in a case, or because of the prospect of being adversely 
criticized by local inhabitants should a prospective witness discuss the 
circumstance of a crime, he will naturally misrepresent the facts within 
his knowledge. Men naturally speak truth. They arc naturally 
inclined to truthfulness. The truth is always spoken unless selfish or 
other considerations influence the mind not to exercise its natural tend- 
ency. Even the greatest liar speaks the truth much more often Ihan he 
falsifies in the course of everyday events. Therefore the statement of a 
person in regard to any matter under investigation should not be rejected 
or considered unimportant because the investigator has learned that the 
person interrogated has had or has the reputation of being untruthful 
at times. 

Furthermore, even though some untruth might be found iJi the state- 
ment of a person having personal knowdedge of a fact, still, on account 
of the natural tendency of his mind, there might be truth mingled with 
untruth in his version of the affair. And the investigator, from the 
limited truth presented, might be able to use the valuable part of the 
statement as a leader or guide to other sources of truth which would, if 
disclosed, be sufficient when correlated with what had already been 
ascertained to prove the matter under investigation. 

For this reason an investigator who xinderstands his business will 
never reject an item having either a direct or an indirect bearing on the 
subject matter. Moreover, in nearly every statement made by the 
ordinary man iu which are described the occurrences connected with 
and surrounding the point to be proved, there are immaterial allegations. 
The duty of the investigator is to select and utilize the material part and 
disregard the immaterial. A keen mind can nearly always separate 
the valueless stuff from that which has a tendency to prove the point 
under investigation. 



50 



As lUL-ii ill gcnoral do not violate the penal code, the law presumes 
every man innocent. But some men do transgress the law; therefore 
reliable and sufficient evidence is required to rebut this presumption. 
This legal presumption of innocence is to be regarded by the jury as 
evidence favorable to the accused: and, ifthe guilt of the accused is to be 
shown by circumstantial evidence, the proof ought to be not only con- 
sistent with the prisoner's guilt but inconsistent with any other rational 
conclusion. While there is a prosumj)tion of innocence, evidence of 
certain circumstances may raise also a presumption of guilt which 
might outweigh the presumption of innocence. 

For instance, the possession by the accused of the missing property 
of another would warrant a presumption that he stole it unless the 
possession is explained by him. Also, in a case of arson, the finding of 
property in the possession of the accused, which was known to be in 
the burned building a short time prior to its destruction would warrant 
a presumption that the accused was in some way connected with the 
crime. The presumption of guilt may also be i)roper if a person destroys 
or suppresses something which would evidence the truth of the matter 
under invcstigatioii. This is on the ground that proof of the truth 
would operate against the accused. These presumptions are, however, 
for the jury to weigh and pass on accordingly. They are not conclusive 
presumjitions upon which the court could render judgment in a criminal 
case. 

Ever}- person accused of crime ought to have his case tried according 
to e.stablishcd rules of procedure in order that he may not be convicted 
through inadmissible and incompetent evidonce which might be given 
undue weight by a jury to the injury of the accused, or which might be 
misinterpreted through prejudice or wantonness or ignorance or mistake. 
Hence, certain rules of law are prescribed in order to regulate the intro- 
duction of evidence and to safeguard the legal rights of the accused. 
The production of evidence to a jury is, therefore, governed by four 
general principles: 

1 . The evidence must correspond \\ ith the allegation and be con- 
fined to the pohit ill issue. 

•J. The evidence is sufF-fient if the substance only of the issue be 
proved. 

:'.. The burden of proving a proposition, charge, or issue lies on 
the party holding the affirmative. 

!. The best evidence of which the case, in its nature, is susceptible 
must always be produced. 

It IS not necessary, however, that the evidence bear directly upon the 
issue or charge. It is admissible if it tends to prove the issue or is a Unk 
in the chain of proof. Also acts and declarations of the accused made 
at a former time are admissible to prove the intent of the same person 
at the time of the commission of the crime. Acts and declarations of 
the accused, after the time of the commission of the crime, are competent 
if they tend to estabUsh his guilt. It should alwaj-s be remembered that 
in every criminal case the burden of proof is on the Government to 
convuice the jury of the guilt of the accused, according to the manner 
and form of the complaint or indictment. la a criminal ease, proof of 



the doing of an ae-t bj^ a specific person is not sutiicieni for couviction. 
Tt must be shown, in addition, that the act is unjustifiable and unlawful . 

That the best evidence of which tlie case is susceptible must be pro 
duced is a well-estabUshed rule of judicial procedure. This does not 
mean the greatest amount of evidence. The design of the rule is to 
prevent the introduction of secondary evidence while the original is 
in existence, and while it is within the power of the party to produce it. 
It is well to remember, too, that this rule does not comprehend the 
strength or weakness of evidence. The scope and intent of the rule is 
to prohibit suljstitution while the original is available. For instance, 
the production of the original written document is the best evidence 
of its contents. A copy of it or a statement of its substance by a person 
who read it would be secondary evidence. There are, however, some 
exceptions to this rule. On account of the inconvience incidental to 
the removal of public records from their permanent depository, certified 
copies of these records are accepted in courts of justice instead of the 
originals. 

All forest officers should realize that hearsay evidence is never accepted 
by courts of justice as proof of any fact. Sometimes oflacers and laymen 
find it hard to distinguish between hearsay evidence and other evidence. 
We are so prone in the everyday atTairs of life to accept as true what 
others say regarding any occurrence not subject to our own observation, 
or tested by our senses, that we unconsciously pass it on to our neighbors 
as truth. Courts of justice, however, do not allow a person to testify 
as to any matter unless he has acciuired his knowledge by persoiaal 
observation of the transaction, occurrence, or thing, or acquired his 
knowledge tlirough the exercise of his other senses upon the subject 
matter covered by his testimonJ^ If John Smith tells you he saw Howe 
commit a specific crime, you can not testify as to what Smith told you 
about Howe. Smith must appear to testify as to this fact. Of course, 
if Howe himself admitted to you that he did the act or the wrong, you 
could testify as to the conversation, since this would not be hearsay. 

There arc some variations of this rule, but the above explanation 
covers the general practice. The practice of admitting evidence of 
general reputation or of good character in a community might be men- 
tioned as exceptions to the rule relative to hearsay evidence. Another 
exception is the statement or admission of one of the parties to an illegal 
conspiracy. After the conspiracy has been en tercd into, the statement of 
one of the members of it is bindingon the others, even though they were 
not present when the statement was made. A confession of guilt is also 
good evidence, provided it is made vokmtarily. If it be made under 
intimidation or under the flattery of hope, it is not admissible. All of 
the conversation in which the admission of guilt was made must be 
recited and left for the jury to judge and weigh. 

The means of proof or the instruments of evidence are divided into two 
general classes, viz, unwritten and written, or, in other words, oral tes- 
timony and documentary evidence— maps, charts, weapons used in the 
commission of crime, articles of clothing and adornment, personal prop- 
erty of various kinds, models, specimen exhibits, etc. 



58 
INVESTIGATION OF TRESPASSES. 

Investigator. 

The greater a iiimi'.s ability, the iiion- he can acrojuplish in this as in 
any other work. Qualifications j)cciiHarly neeossary for an investigator 
are observation, coinnion sense, and abiUty to worJc. Nothing is so 
small as to be safely overlooked; a whole case may turn on what .seems a 
most unimportant detail. On the other hand, many details are un- 
important. The correct judging of what is important depends largely 
upon the imaginative power to picture constantly in the mind the whole 
case and its probable developmenl. Beware of letting anything go as 
unimportant without thus carefully weighing it. 

Catching a criminal is a battle of wits; the side which thinks hardest 
all the time wins. Success in diflicult cases requires special aptitude, 
and only witli hard, inteUigent thinking will an officer be successful. 
Preliminary information. 

Success demands thorough i)reparation. This includes not only a 
knowledge of the laws and ])rocedure under which we work, J>ut an 
intimate knowledge of the region of the crime, such as topogra])hy. 
trails, and other get-away avenues; of the persons existing in every 
community who know all about the rest of the community; of the habits, 
rendezvous, and associates of general eomjmuuty suspects, and of their 
familj', bu.siness, and other relationships, so that in seeking informa- 
tion form others you may not unwittingly kill your own game by ap- 
proaching one of their close sympathizers. 
Starting out. 

Investigative work, especially in fire cases, demands even greater 
speed in get-away than in suppression . If footprints lie for days, or eveii 
until after the suppression crew has tramped over the ground, before 
they are investigated, not only may they be obliterated by others, but 
the defense will not be slow to take advantage, in a court trial, of the 
possibihty that tracks proved to be those of the defendant could have 
been made after the ofTense was committed. The latter danger applies 
to other trespasses as well as fire. Our only safety lies in starting inves- 
tigation on the ground with all possible speed. 
How many men. 

Never rush in a mob. Unless something is wrong with the protection 
organization, even fire suppression should not require sending many 
men at first. For investigative pur^^oses two officers are desirable. 
By this system, an additional witness is provided to support the charge; 
in the event of the trial of the ofiender. 
What to do. 

The first man or men at a fire must look for clues and preserve any 
found. The man in charge of the fire crew should, of course, be the lead- 
er in the search for clues in the vicinity of the fire or the point where any 
ofiense has been committed. If the,tracks of men or animals or means 
of CDnveyance are found, an effort should be made to prevent their 
obhteration, or injury to their distinctive features until a quahfied 



59 

officer shall have opiJortunity to examine them, and make casts of thciu 
if necessary. The men and animals engaged in suppressing tho fire 
should be required to keep outside of the area CDntaining the imprints 
if this is at all practicable. 

Require men in charge of fire fighting to keep eyes open for clues, and 
to note people met on trails, with time of meeting, especially outsiders 
first on the scene of a fire, who may be the setters, with an irresistible 
desire to see it burn; to keep ears open for boastful or antagonistic re- 
marks of fire fighters, who may themselves have set the fire or know or 
those who did; and to report anything learned at once to the range for 
other forest officer in tho vicinity. 
Searching for clues. 

What are clues? No deed is done without leaving a clue; the only 
question is our ability to find it. A no-clue case means only that wo 
are not up to the scratch in finding one or more. 

Anything is a clue which has any connection with the offense or its 
author. Tracks, camp-fire, or lunch remains, "plant" used to set off 
a Are, blanket, or other threads pulled oft' by bmsh or trees, hairs, scraps 
of paper or other things carelessly or unintentionally left by the offender, 
etc., are examples. A good working rule is that everything is to be held 
as a clue which can not be accounted for without reference to the offense. 
But nothing is really a clue without the interptetation which can con- 
nect it with the deed. Some things, such as tracks, the forest officer can 
interpret better than any outside expert; in other words, we are ourselves 
the best experts. Other things can be interpreted only by those with 
special training, as for example, by the microscopist, the chemist, or 
some other speciahst. 

The working theory. 

To giiide the investigator in the interpretation of clues or evidence, 
two things are necessary: (1) Every bit of knowledge he can gather, 
before leaving for the scene or on the way, as to the offense, including its 
occurrence, surrounding circumstances, probable author, and jnotive: 
and (2) the building of a mental picture or reconstruction of all that one 
knows of the case. Constant revision and coordination are necessary. 
Nothing else will prevent wandering, loss of time, and possible failure. 
At the start it may consist only of a ''hunch" as to who set the fire or 
where to look for clues; but every new thing found should be considered 
carefuUy. The theory first set up may afterwards prove to be erroneous; 
but it has very frequently happened that the theory, though a false one, 
was the bridge which led to the truth. 

How to search. 

After arriving on the scene, first locate the critical point, for example, 
the origin of a fire. If the point of origin is not evident, beware of jump- 
ing to conclusions; the incendiary or other criminal does not do the 
obvious thing if he has any sense. Then examine minutely the imme- 
diate area. Definite system is absolutely necessary in this search. Go 
systematically around the circle, widening the circles each time; but 
keep them close enough together. 



60 

Notebook record. 

Record must be kep of everything found and done, and of all material 
conversations held or iuformatij^n gathered. Describe in the proper 
notebook everj-thing that is found, so that the notes may be used later 
to refresh your memory should you be called to testifiy relative to those 
things. The time of every occurrence or find should bo recorded. Also 
be sure to ascertain the exact time the fire was started, or discovered, 
when fighting commenced, and all other significant circumstances. 

The time of making material entries in the notebook should be entered 
in the notebook, and such time records should be based on actual exam- 
ination of a well-regulated watch. Important information should be 
entered in the notebook immediately after it is obtained. Testimony 
based on a notation made immediately after an occurrence is much more 
convincing to a court and jury than that based on an entry made at the 
end of the activities of the day or later. 
Maps and photographs. 

Accurate maps and photographs are the best means of showuag in 
court many of the facts of a trespass, and are nearly always necessary. 
It is unusually difficult to present the facts of intricate cases to the court 
and jury in an understandable way without the aid of these guides. 
Maps should be as accurate as possible and should represent the area in 
diagrammatic outline with as httle printed or written data as possible. 
Symbols should be used to identify material points and to aid the maker 
of the map in explaming to the jury the relation of topography, culture, 
etc., to the trespass area. Printed matter indicating the guilt of the 
accused should not be put on the map, since it would prohibit its use as 
an exhibit at the trial. In taking pictures a proper note should be 
made of the film used, and of the time, place, and circumstances under 
which the object was photographed. Photographic record No. 166 
should be used for preservmg the data . In civil cases the same strictness 
relative to printed or written matter on maps is not enforced. (See 
pp. 169 and 170.) Remember that photographs involving scenery are 
more desirable if taken from the level of the eyes. The photographic 
record should show the point where the camera was set, the direction 
from which the picture was taken, angle of view iuchided, etc. 
Objects. 

The finder must put on each object found a private mark, in a hidden 
or inconspicuous place, by which he can himself identify it in court as 
the identical object found. This, together with the notebook record of 
the circumstances of finding, arranged in their chronological order in a 
bound notebook, is the best safeguard against an intimation by a defense 
attorney, possi))ly to the serious prejudicing of a jury, that evidence has 
been "planted" by the prosecution. 

AU object which may be needed as evidence should be guarded with 
the utmost care to avoid possibility of loss, misplacement, or theft. The 
forest officer should take personal charge of all such articles, unless it be 
desirable to turn them over to the custody of the district forester or 
county attorney. If the forest officer turns them over to the county 



61 

attorney, he must, of course, take a receipt and enter them in liis note- 
book record so that they will not be overlooked in working up his ma- 
terial for the case. 

The plan of campaign or working theory. 

You start with a few facts, and a tentative theory based upon them 
and your best surmises. Whenever new clues or facts are found, ask 
yourself: (a ) What instructions, if any, are there in respect to a situation 
like this? (6) What does this act mean? (c) On the basis of facts to 
date, if I were the (yiminal, what would I do next? Sit down andsraoke 
a pipe over it, if that will help. There is no time to be wasted; but right 
interpretation of facts, and right action respecting them, are so essential 
that the time necessary to insure these will jield bigger dividends than 
half-baked hasty action. 

The simplest working theory which will explain the facts is always 
preferable; but the theory is never complete until the case is closed. At 
all times, but especially at first, when the theory is based on few facts, it 
must be lightly held, subject to modification at any time by what shall 
be discovered next, regardless of whether the new evidence agrees with 
the previous theory or not. 

Such open-mindedness, the viewing of every new fact on its own 
merits, is harder to maintain than many people suppose and requires 
constant and definite effort. It is extraordinarily easy to overvalue new 
facts which coincide with one's theory alreadj" built, and to undervalue 
those which do not. Nothing is more common among inexperienced 
officers or more fatal to success than holding such a preconceived theory. . 
Usually its holder will not change the theory even when evidence con- 
trary to it appears, but will instead discredit the evidence regardless of 
its weight. Therefore it is necessary systematically to review one's 
theory frequently in the light of all facts to date. 

In building a sound theory there are four steps: 

(a) Get a clear definition of the problem. This may not be what first 
appears; be sure you know what the dilTiculty is. 

(6) Cast about for possible solutions— not only the first one which 
occurs to you, but as many as you can figure out; then compare their 
merits and select the most probable one. 

(c) Reason out the developments of this idea to its conclusion; ])y 
pushing it to a final conclusion you will probably be able to determine 
whether or not your idea or theory of the problem is warranted. 

(d) Constantly test your theory by searching for further evidence, or 
by experiment. Keep your eyes open for and give honest weight to- 
evidence indicating some other theory to be more probable. 

To be complete, the case must answer the following questions: (a) 
What was the offense? (b) Where was it committed? (c) When was it 
done? (d) How was it accomplished? (e) Who did it? (/) Why did he- 
do it? 

Memorize these six words, what, where, when, how, who, why, and fre- 
quently test by them the completeness of both your theory and the facts 
so far actually established. This wiU ])e one of the greatest helps in 
planning what remains to be done. 



62 

Whenever a fad is found which points to a material coiichjsion, ask 
yourself: (a) Does this sufficientlj^ prove the conclusion? (6) What 
else, if anything;, will be necessary to establish or corroborate it in court? 

A jury will only be convinced I)y a complete chain of circumstantial 
evidence, both as to facts, and the proof that they are facts. Constantly 
review this chain while following clues, to be sure no liiilci.^ omitted. 
Also bear in mind that any one chain may be broken somewhere by the 
defense; therefore, build all the lines of evidence possible to your con- 
chisioji. 
Tracks, 

Tracks are among our most important clues. If a fire was set, or other 
o Tense committed, l>y human agency, a man walked or rode there to do 
it. He may sidestep or cover up tracks in the immediate vicinity of the 
otfense, or the tracks may he burned over or obliterated l^y others. Far- 
ther out he willsettle down to a normal gait. If no tracks are found at or 
near the origin, widen out. Begin this wider search at the most likelj" 
points; but until the tracks are found conduct the search on a rigid 
system, so that no area will lie overlookefl. 
Identification of tracks. 

Study of details is essential; dimensions and shape of imprint, nail.s 
(present and missing), seams, creases, cracks or other ("istinctive marks; 
wear, repairs; age of track, methods of putting down the foot (twist as 
foot strikes the ground, etc.); angle of feet (toes out, straight ahead, or 
in);- and differences, if any, between the feet in this angle; barefoot, 
smooth, or rough-shod horse tracks; specially shaped or weighted shoes, 
and gait of animal (as trot or pace). 
Age of track. 

This is showji by sharpness of impression, by moisture and color, 
whether leaves and dirt lumps have fallen into it, or tracks of insects, 
birds, etc., or other man-caused tracks, have yet crossed it ; and by the 
condition of broken green twigs, etc. One of the best indications is the 
condition of manure dropped by an animal. A trail made at night is 
often known by the way it bumps into or makes detours around obstacles. 
Other indications. 

Speed may be approximately shown by degree of slide at heel, depth 
of heel edge and toe edge, length of drag at toe, and distance between 
tracks. The class of person or animal can sometimes be deduced from 
tracks (high-heeled vaquero boots, new or pointed-toe city man's shoes, 
horse shoes or mule shoes, etc.); also whether drunk or sober; carrying 
burden or free (feet wider apart, steps shorter, and more unsteady with 
burden); and existence of bodily defects (step is shorter on lame leg; 
injured knee or hip twists foot tracks, etc.). A confidential talk with 
the local shoemaker or blacksmith, if there is one, will often throw light 
on the ownership of shoes which make a peculiar track. 
Following tracks. 

This requires experience and skill. Points sometimes overlooked 
arc the folowing: In dry pine needles, breakage or minute differences 
in color are often discernible on hands and knees, though the needles 



63 

have sprung back to position and no trace is visible while standing. 
Tracks in dry grass also require extremely close attention; barring 
wind, grass will usually hold what impression is made until the coining 
of night dew, fog, or rain. Through brush a trail can be followed by 
broken or skinned twigs near the ground although no signs are visible 
on the ground itself. When the trail is broken or lost, circle ahead in 
the probable direction of the trail. Stakes set by tracks found will 
lielp line up the course. 
Comparing tracks. 

To convince a jury we must absolutely identify tracks found with 
known tracks of the suspect. A track may be compared with a foot or 
shoe for identifying marks. In respect to dimensions it is better to 
compare tracks, and also moving tracks with moving tracks, since 
tracks made in soft earth, especially at high speed, are always shorter 
than the foot making them, due to push toward center at heel and toe. 
ICeep in mind that as a general proposition a track is little more than a 
clue. Standing alone, the cast of a track of an accused man is not very 
convincing to a jury. There must be other evidence on which to secure 
a conviction. 

For the purpose of comparing the tracks found with those of the sus- 
pect, or of the horse or other animal of the suspect, induce him or the 
animals to traverse some soft surface in the vicinity of his home or out- 
buildings where distinctive tracks are likely to result. This will give 
opportunity for comparison at the proper time. However, examination 
or measurement should be made at the earhest possible date before ob- 
literation or partial change in the track occurs. 
Proficiency in tracking. 

Whether the tracks are those of autos or men or animals, j^roficienoy 
in interpreting them can be gained only by actual practice and plenty 
of it. Trackers can not be made from books, but one tracker can often 
tell another new kinks, and we can all learn more by study of the work. 
Let every man keep his eyes open, and report new things of which he 
learns, or describe clues familiar to him but not mentioned here. 

Moreover, many who know can not tell how they know. The impor- 
tance of this must not be overlooked. In court we shall surely be asked 
this question, and the opposing attorney will discredit our testimony 
if we can't tell. "You must not only know that you know, but also 
know how you know." 
Record of tracks. 

The original track, or a cast or replita of it, is the most convincing 
evidence in respect to it. The orignial footprint may oftcTi be solidified 
sufficiently to be dug out and preserved by means of water glass. This 
is specially useful in sand or sandy soils. If the soil containing the print 
is firm enough not to be displaced by it, the water glass may be ijoured 
directly into the print. If the soil is not firm enough, dig a shallow- 
trench, 2 inches wide and of the same depth, around the print and 2 
inches distant from it, and flow- the water glass into the trench until it 
has been soaked up by the soil and shows on the surface of the print. 



64 



Then let it stand for a day. The print can not be juried out, but nmsr 
be carefully freed by digging the soil away from around and under it. 
It must also be handled with much care thereafter, and this reduces 
the value of the method when conditions, such as transportation, are 
not favorable to the required care. 

In this and many other cases a more desirable method is to make a 
cast of the track with dental plaster of Paris. Plaster of Paris sets quickly. 
From the cast a replica of the track can then be made, or not, as desired . 
When the soil composing the print is firm enough, the dry plaster may 
be placed on a large spoon and the arm of the spoon tapped lightly and 
frequently to allow the dry plaster to drop very slowly into the imprint, 
imtil the plaster bed has a thickness of one-eighth to one-fourth inch. 
Then with the fingers sprinkle clear water very lightly into the dry 
plaster in the imprint . Pour in §emc more dry plaster and again sprinkle 
with water. Repeat this process until the plaster cast is at least 1 inch 
in thickness. Let the cast rest in the imprint for at least 30 minutes, then 
cut around it with a jack knife and excavate the dirt deep enough to be 
sure that the cast will not be injured in removal. Take the cast and 
attached dirt to a pool of water, or stream, or trough, and wash off the 
dirt. For two or three hours the cast should be handled carefully until 
it has hardened sufficiently for transportation. If the imprint is shallow . 
a dam of earth should be built around it before the plaster of Paris i.> 
poured into it. 

To make a rephca of the original track from a cast, the upper surface 
of the cast should be as level as possible. The cast should be washed 
clean, and then greased, either with an oil which is fluid at air tempera- 
ture, or, if thicker, heated until it is very fluid, so that no crevices or other 
marks may be filled up and thus be obliterated in the replica. The 
greasing is to prevent sticking. The cast is then laid, top down, in a 
suitable box or other flat-bottomed receptacle, and wet-mixed plaster 
or cement is flowed over it and reinforced, as in making a cast. The 
original cast or rcpUca so made may be expected to be sUghtly too small 
to accommodate the boot or foat which made the track, by the time it 
gets to court, and care should be taken not to allow a jury to be prej- 
udiced by this fact. 

If it is not feasible to secure the footprint itself, or a cast of it, the best 
remaining method is to photograph the track. The camera lens must 
be exactly parallel to the surface photographed, to avoid distortion of 
the perspective. This may be done most conveniently by the aid of a 
clamp for attaching a camera to a l>oard or other .similar support at any 
required angle. For use in court the photograph may be enlarged to the 
exact size of the original. If in photographing, however, a nile is placed 
alongside the footprmt, the scale of measurement will appear in the 
photograph itself, regardless of the size of the latter. 

Restoring mutilated papers. 

In piecing torn paper together, first hunt for corner pieces, then for 
edges, and afterward work up the interior. As the back of the paper 
may be important, it is advisable to paste the fragments on a trans- 



65 

parent medimu like tracing linen, or to lay them between clean glass 
plates which may be bound together. If the writing on paper is not in 
copying ink or indelible pencil, the paper may be moistened by the 
spray from an atomizer or by the steam from a teakettle. This helps 
to straighten it out if it is badly curlei or bent. Dim writing comes out 
plain in a photograph. Worn or fragile papers may be made indestructi- 
ble for handling by dipping them in a solution of I part of stearine to 
3 parts of collodion, and allowmg them to dry 1.5 minutes. 
Preserving perishable evidence. 

Perishable evidence is often best preserved by placing it in cold storage. 
It may often be preserved in alcohol. In the absence of cold storage, 
formalin, or formaldehyde, is best for fish or game meat . These preserv- 
atives however destroy the natural color. If it is impossible to preserve 
any article of evidence, be sure to have witnesses to its finding, and its 
nature or identity, while it is yet in its original condition. 
Making use of experts. 

To the layman one of the most striking services of the expert is that 
of the microscopist, who deals with a world invisible to the unaided eye. 
He can tell from a hair, for example, whether it is from deer or beef, 
horse, dog. or human being, and the race, habits, and probable age of an 
original human possessor; from carpet sweeping dust the number, age, 
character, habits, food, and recent occupation of, as well as visitors 
recently entertained by, the occupants of the room from which taken : 
from finger-nail deposits the food, occupation, habits, and whereabouts 
of the person from whom they are taken, for a week or so prior to that 
time; and often substantially the same information from a shred of 
clothing, or even knives or other articles much handled by him. The 
microscopist can identify beyond question deer or other game meat or 
blood as distinguished from that of beef, chicken, etc. 

It should also be borne in mind that expert testimony, which is usually 
in the nature of opinion rather than fact, must be given by the expert 
responsil^le for it and not by proxy, and arrangements should be antici- 
pated for his attendance at court. 
Getting a lead. 

In de?iding to whom to go for possible evidence, eliminate at once the 
busybodies, who always know all about it but generally know nothing 
worth much, and go after those who really know most or were first on 
the ground. Unless the act be incendiary or maUcious, or done stealth- 
ily, the person to interview first is the one who committed the act, if 
this be practicable. No one know^s more about the crime than the man 
who committed it, and the best results are generally obtained by getting 
in touch with him promptly. As a rule, under clever and prudent 
interrogation, the offender will invariably say something of value in the 
case. And he is liable to do this even when he is determined to suppress 
information relative to the offense. The same is true regarding those 
offenders who desire to suppress facts which might implicate them. 
Until the officer investigating a malicious or incejidiary crime has sound 
110113—22 5 



G6 



reasons for suspecting a particular person, that person should not be 
interviewed relative to the offense. No person should be directly 
charged with an offense by a forest officer. It is much better to discuss 
the crime on general grotinds with the suspect. In other words, "speak 
softly." Always rememljer that a confession obtained after a threat or 
promise of leniency is not admissible as evidence to prove the guilt of the 
accused. 

Hints on interrogation. 

Ivnowlcdj.e of men is essential; nothing else can make up for a lack of it 
in this work. A witness will tell nothing or make but inaccurate and 
unimportant statements to an investigating officer without shrewdness 
and tact, while the very same witness will make precise, true, and impor- 
tant statements to an officer who can read him and knows how to handle 
him. The confidence of a man is often obtained by apparent interest 
in his business or hobby. 

Persons having no interest in the offense or the offejidcr will generally 
tell the 1 ruth; the testimony of those who have such an interest should at 
least be taken with caution. However, it should not be overlooked, 
that one of the latter class may be upright enough to tell the truth. 

Truthful witnesses may be divided into those who are willing to tell 
what they know and those who are reluctant to do so. Most people are 
of the latter kind; the average American not only has an exaggerated 
unwillingness to "peach," even on a wrongdoer, but is himself so busy 
that he dosen't want to get mixed up in other peoples' troubles if he can 
avoid it. 

Attitude of officer. 

]\[uch of the success to l)e g:nncd depends upon the aptitude of the 
officer. Judge your man. Be firm and diplomatic with the bold, patient 
and considerate with the timid. Unnecessary officiousness or insolence 
will cause most men to refrain from further discussing the crime. After 
you have collected valuable information from any person you should 
then test his source of information, that is, whether he has acquired the 
knowledge by personal observation or through hearsay. This is very 
important, since many men lui consciously restate what they have heard 
as if they were the original discoverers of the information. Too much 
care can not be exercised in this regard. 

Getting the story. 

There are two considerations: (1) To get as complete a statement 
from the witness as possible. Be sure nothing essential is omitted, 
but don't let him ramble aimessly . (2) To be sure he is telling the truth . 
The latter may not follow, even with wnllingness on his part. 

The best safeguard is a clear mental picture of the case thus far, which 
shows us what we want to get, and thtis prevents the omission of impor- 
tant items. The six watchwords of a complete case are again valuable 
reminders. 

The method to be used depends much upon the witness. Unless 
he wandersbeyond forbearance, it is best to let him tell his story straight 
throtigh in his own way. Then question and rehash until it is certain 



67 

that he can uot or will not add anything more of value. Take sufficient 
time, no matter how hurried you feel. Better not "start something" 
in the first place than be in too much of a hurry to permit getting the 
facts after you liave started it . 

Read to the witness what you have written, word for word; ask him 
if it is correct; change any items which he may desire corrected; have 
him sign it; and have his signature properly witnessed. 

In case a witness refuses to make or to sign a written statement, but 
will talk, get him to talk in the presence of two or more reliable witnesses, 
and afterwards write down the essential parts, as nearly verbatim as 
possible, of the first witness' statements, either yourself or in collabora- 
tion with the others, to which they will swear in court. 

In addition to the record of what was said, put down in your notebook 
the circumstances of the conversation, persons, witnesses, time, and 
also all the conclusions for future guidance which you can draw from 
the facts thus learned. 

Some men can not be induced to make a statement, but say if they 
are put on the stand they will tell the truth. If their resolution not to 
talk can not be shaken, the only thing to do is to try to get indirectly 
as shrewd an idea as possible of what they can testify about. 
Unintentional offenders. 

The general methods indicated for the interrogation of witnesses apply 
largely to this class of trespassers, such, for example, as those who thought- 
lessly leave camp fires burning, especially if they are inexperienced and 
did not realize the danger. Coiu-tcous treatment and an evident pur- 
pose only to do one's duty, with regret for the inconvenience necessarily 
inflicted, are usually more effective than treating them like common 
criminals, and will often induce confession, with a readiness to "take 
their medicine" and not do it again. 
Inaccuracy in statement. 

When a man is willing to tell the truth, untrue statements may result 
from the following causes: 

(a) Poor observation. — A man may see only part of a total action and 
have a very inadequate or mistaken notion of the whole; a man some- 
times sees what he expects to see; people often hear imperfectly or 
mistakenly. 

(b) Poor comprehension and reasoning.— InievGuce is a part of every 
mental operation. When we see a clock face, we take for granted 
a clock is beliind it, but this is not necessarily true; a tenderfoot thinks 
mountains are much nearer than they are, because he infers the distance 
which the given appearance implies in low country; illiterate people 
distort long sentences, and piece out by inference to a twisted meaning. 

(c) Poor memory.— This is very common. Beware of people who re- 
member everything; their testimony is usually open to suspicion. 
Memory can be helped by talldng of the event in question, often as to 
unimportant incidents, or of a man's occupation connected with the 
thing to be rememliered. But give him time; don't hurry. Do not 
press an emotional witness too far; there is real danger, especially with 



C)8 

such a person, that you may make him rememlier what he never saw 
or knew, except for your forcible suggestion. 

(d) Influence of other peoples' statemenis.—VntTamed persons who 
liave seen or known part of an exciting incident unconsciously try to 
complete the matter by fitting what they have seen or know to details 
told by others. They may even end, without untruthful intent, by 
weaving the whole garbled mess into their o^vn story as what they saw 
and heard and know. 

(e) Strong feeling. —Excitement and fear often lead one to exaggerate, 
but sometimes to overlook important details. 

(/) Temperantent, age, nccupntion.—A ranger looking at a bimch of 
cattle sees also whether the range is overgrazed, or grazed in patches 
due to poor salting or water development; a city man sees cattle, but 
not the other factors, and couldn't be expected to give an intelligent 
statement on such matters. 

(g) Fear of consequences. — Be sure to relieve a witness's mind of a 
possible impression that you want to implicate him, etc., if such infer- 
ences are without cause. Frightened people, imagining themselves 
suspected, always shuffle in testimony. This should be a danger signal, 
although the cause of the shuffling may not always be the one here 
discussed. 

(h) Poor questioning.— a ood questioning requires hard thinking. Be 
sure nothing is missed. Follow your own course and do not be led or 
pushed, either designedly or accidentally, by the witness. 
Increasing the accuracy of statement. 

Much can be done by careful questioning and suggestion to clear up 
obscure statements or supply omissions. Check the witness' accuracy, 
for instance, as to height of people; ask him if the man he mentions is 
as tall as yourself; check distances by asking about something in sight; 
verify his power of recogni ing persons, estimating numl^ers, etc. It is 
sometimes necessary to verify statements oneself, independently Of the 
witness. 
The main case. 

Arrange the material so that it tells the story in chronological order. 
Confine the main case to the material essential to a clear and complete 
chain of evidence. This gains the advantage of clearness of impression 
on the jury; too great a mass of evidence may muddle the main issue 
in their minds. Any additional material should be carefully worked up 
with a view to its use in rebuttal, or in connection with surprise defenses. 

Have your record perfectly clear as to exactly what part of the chain 
the testimony of each witness and each piece of documentary evidence 
will cover, and just what link each exhibit will support. Avoid repeti- 
tion as far as possible. 

Appendix. 

A list of the witnesses, witli brief notation of the exact facts to which 
each will testify, together with all documentary evidence and a list of 
exhibits, should be collected in an appendix, each separate item being 
designated by letter, as, for example, "Exhibit A." At the appropriate 



()1) 

points in tlie nunativc ivcoi'd, llicsc documents, etc.. should iJioii be 
referred to only by exhil)it designation. This helps botii in conipleleness 
and in Ivceping the Jiarrative clear. 

Use of maps in civil suits. 

The trespass map must show completely the facts of trespass and 
damage sutTered. It should include, therefore, land section, township 
and range, boundaries, and should cover species or type, si7,e of timber, 
and nature and extent of damage. 

The court map. 

The map to be presented in court should be on a scale large enough to be 
legible when hung up so that all the jury can see it at once since it is 
much more effective when used in this way. It should be confined to 
the data esseiitial for the purpose, but it should show this with the utmost 
clearness. Its legend should also give its "approximate scale," and, if 
angles of view are material, a statement that these are correct. Every 
care should then be used to see that they are correct. Any "trespass" or 
other designation on the original, to which the defense could object as 
tending to prejudice the jury in advance, must be carefully omitted. 

As to land boundaries, the proclamation diagrams of the national 
forests can always be found in the biennial volume of the United States 
Statutes at Large, covering the year in which they were issued . Private 
land boundaries can be gotten from Forest Service status, and verified 
and certified by the Unied States Land Oflfice if desired. 

Report to district forester. 

A report in accordance with special form (see Criminal forms) must be 
made and forwarded to the district forester on each case prosecuted in a 
State court as soon as possible after the trial shall have ended. This is 
absolutely necessary in order that proper check may be made of the pro- 
gress of law-3nforcement work and in order that the assistant to the 
solicitor may be furnished with the data for his monthly report to the 
.solicitor. Reports on cases to be prosecuted in the Federal courts must be 
submitted to the district forester before legal action is initiated. Should 
the prosecuting attorney of the county or the supervisor desire assistance 
in the handling of a criminal trespass in the State court, a special report 
of the circumstances .should bo seiit immediately to the district forester. 

Expenses of forest employees in criminal prosecutions. 

Forest officers will be officially reimbursed for all necessary expenses 
incurred in accordance with tho fiscal and administrative regulations of 
the Department of Agriculture in the transportation of a person arrested 
without warrant, by a forest employee, and for necessary subsistence of 
such person at hotel, etc.. until h:Ms dslivered to tha jurisdiction of a 
United States commissioner or to the jurisdiction of a [)olice judge, pro- 
bate judge, or justice of the peace. If an oflendor is brought before a 
United States commissioner or a State magistrate on a warrant, all ex- 
penses incurred after the issuance of the warrant (except the forest offi- 
cer's salary and expenses) are crhargeable to the Federal court through 
t he commissioner, or to the i>roper city or county through the police 
judge, probate judge, or justice of the peace, as the case may be. Sub- 



70 

poeiiacs should be issued for Government wituesses so that their mileage 
and fees may be paid by the United States commissioner, or by the local 
justice if the case be prosecuted in a State court. The Forest Service 
can not legally pay mileage or fees of offenders or witnesses already under 
the jurisdiction of Federal or State courts. Expenses, as well as the time 
of forest officers for other needed duties, may often be saved to the Forests 
Service by making use of sheriffs and constables and United States 
deputy marshals for the serving of warrants and subpoenas, and for other 
such assistance. In particular, the hiring of men for posse needs, or to 
accompany officers for identification of witnesses, in State cases can 
appropriately be assumed by the counties, and its expenses should by 
the above means be transferred to them when it is feasible to do so. 
However, it sometimes happens that neither the Federal court nor the 
State court can pay the mileage or fees of a necessary Government witness 
because of legal restrictions. In a case of this kind, local administration 
would justify the hiring bj" the Forest Service of the [)roposed witness as 
temporary laborer during the period necessary to attend the hearing and 
trial. U nder these circumstances the temporary laborer would receive 
reimbursement for his transportation and other expenses incurred while 
attending the hearing and trial, on Form 4 accompanied by subvoucher 
4a. It is impossible to frame general instructuons which will fit every 
contingency. In case of any doubt, specific advice should be sought be- 
fore incurring the contemplated expense. 

Search without search warrant. 

Forest emplo\'ees who, pursuant to the laws of Idaho and Montana, 
have been appointed or designated as deputy fish and game wardens 
may without a warrant search certain places and articles for any species 
of game animals or fish or fur-bearing animals or game birds illegally 
obtained. No authority is conferred by law on any officer whether 
Federal or State to search a man's home or the outbuildings connected 
with his home without a search warrant. 

Under the Montana law, deputy game wardens, sheriffs, deputy 
sheriffs, State forest officers, constables, and other peace officers are 
empowered to search without warrant for game animals, fish, fur-bearing 
animals, or game birds, or parts thereof, any camper's tent, boat, car, 
automobile, or other vehicle, box, locker, basket, creel, crate, game 
bag, or other package. With a search warrant any of these officers 
may search a residence or other building, or places, or articles, not defined 
above. The Montana law does not specifically authorize national 
forest employees to act as deputy game wardens. They must be 
appointed by the State fish and game warden before they can legally 
perform the duties of such wardens. 

National Forest supervisors, deputy supervisors, and rangers located 
in Idaho are specifically empowered by statute to perform the duties 
of deputy game wardens. Other national forest employees in Idaho 
must be appointed by the State fish and game warden before they can 
legally act. In practice all forest officers in Idaho receive from the 
game bureau a commission as evidence of their right to enforce the game 



71 

laws. Deputy game wardens and all other peace officers of Idaho iiiay 
seareh icithout warrant depots, cars, warehouses, cold-storage rooms 
warerooms, restaurants, hotels, lodging houses, markets, ])aggage, 
packages, tents, wagons, autos, vehicles, and camps, upon reasonable 
suspicion, for game animals, fish, or birds, or fur-bearing animals, cap- 
tured in violation of law. Other places and personal effects may be 
searched for game animals, game fish, game birds, and fur-bearing 
animals, under authority of a search warrant. A search warrant should 
be read to the owner or occupant of the place or thing to be searched. 

CRIMINAL PROCEDURE BEFORE UNITED STATES 
COMMISSIONERS. 

United States commissioners. 

A United States commissioner is an officer of the United States dis- 
trict court in the district for which he is appointed. lie exercises crim- 
i nal jurisdiction within very narrow limits. He has no power to impose 
a penalty for any oiTense. Neither can he inflict punishment for con- 
tempt of his court. All he can do regarding contempt offenses is to 
report them to the proper United States district judge for disposition. 

Powers and duties. 

In criminal matters a United States commissioner is authorized by 
Federal law to issue warrants, upon proper complaint, for the an-est 
of ofTenders against the laws of the United States, and cause them to 
furnish bail pending trial. He may cause any alleged ofTender to be 
imprisoned pending trial by the United States district coiut if the 
accused fails to furnish satisfactory bond for his appearance for trial. 

Criminal complaints. 

Unless a sufficient complaint under oath is filed with a United States 
commissioner and a showing of probable cause for holding the accused 
for trial be made, there is no legal authority for keeping the defendaiil 
under bail or in prison. 

The laws of each State in Forest Service district 1 require a criminal 
complaint to be sworn to and based on the personal knowledge of the 
person making the charge. Therefore a criminal complaint filed by a 
forest employee or other person, with a United States commissioner, 
must be supported by oath, and the facts showing the crime, and that 
in all probability it was committed by the accused, must be within the 
personal knowledge of the deponent. A form of criminal complaint is 
incorporated in this book. A certified copy of the complaint should be 
attached to the warrant of arrest in order to inform the defendant of 
the substance of the charge against him. 

Criminal complaint; general features. 

The complaint must designate the specific offense committed and 
specify the statute and section violated, with such particulars of time. 
place, person, and property as will enable the defendant to understand 
clearly the character of the olTcnse charged. Extreme care should be 



72 

used 111 druwiiij,' the complaint, since not only the arrest but the case 
in court will be based upon it. In the wording of the complaint the lan- 
s^uage of the law invoiced should be closely followed. Include only 
what you are sure you can prove. In a larceny case, for example, the 
exact items and numbers charged as stolen must be proved or the case 
will fail. Charge the easiest otlense to prove, for instance, having game 
in possession out of season, rather than killing, unless evidence on the 
latter is ironclad. 

Fach offense, whether under the same or separate sections of the 
statute, should be made a separate count. If several men are taken for 
one olYense, they should be charged jointly, since this saves time and 
expense in multiplication of cases. 
-Arrest of the accused; serving the warrant. 

There are two ways by which a person known to liave committed an 
offense against any Federal forest law may be brought before a Tnited 
.States commissioner for preliminaiy hearing. 

(1) Any employee of the Forest Service may arrest any person foimd 
by such employee violating any law or regulation relating to the national 
forests. 

After arrest the prisoner should be taken immediately before a United 
States commissioner, where a written or printed complaint under oath 
must be filed by the forest employee who made the arrest or by any other 
person who has personal knowledge that the prisoner committed the 
crime. 

(2) The forest employee may Tust file a complaint under oath with 
the I'nited States commissioner, whowill issue a warrant for the arrest 
of the accused. This warrant may be directed to the forest employee 
for execution, or to the United States marshal or his deputy, provided 
the oiYense charged is a violation of any law or regulation applicable to 
national forests. If it be necessary to expedite the arrest, the forest 
em])loyee may execute or serve the warrant. 

If the oiTcnse charged be against some other Federal law, such as that 
governing the stealing or embezzling of personal property or money of 
the Ignited States, a forest employee is without authority to execute 
the warrant, even though he is the complaining witnw,. The arrest 
must be made by a United States marshal or one of his deputies. 

Whether the arrest be made by a forest employee or by an employee 
of the United States marshal's office, the complaining forest employee 
and the other Government v.-itnesses in the case should appear at the 
preliminary heaiing before the United States commissioner, in order to 
])rove to the commissioner that there is probable cause on which to 
require the prisoner to appear for trial in the United States district 
court. 
Attendance of witnesses. 

.lust as .soon as the forest employee files, or has caused to Ije filed, a 
formal criminal complaint with a I'uited States commissioner, he should 
furnish the commissioner with the names and post-office addresses of 
ihc witnesses for the <";overnment, other than forest employees. Forest 



/ 



73 



o.nployees should appear volnnlaril.v at lh(> ])rclin!inai y iioarirr;, if 
necessary. 

The commissioner will then issue a subpfna for each witness desired, 
not, however, exceeding four. Only four witnesses can be legally sub- 
l)t]enaed at the expense of the Ignited States to testify at a criminal 
i:)reliminary hearing before a I'nited States commissioner, unless under 
sp(>cific authority from the Tnited States district attorney. 
Subpoena and service thereof. 

A subp.jena issued by a United States commissioner can not be served 
legally by a forest employee. This function is performed by the United 
States marshal or his deputy. Usually the delay incidental to the ser- 
vice of a subpama by the United States marshal's office causes consid- 
erable inconvenience in getting action before the United States com- 
missioner. Generallj^ speaking, however, the Forest Service will have 
little difficulty in expediting preliminary hearings, since it is seldom 
necessary to have at the heaiing other than forest employees to establish 
])rf)bable cau?e. 

Arraignment of the accused. 

Upon arraignment before the United States commissioner the criminal 
complaint should be read and explained to the accused. The defendant 
"Should be given reasonable opportunity to employ legal counsel, should 
he desire to do so, before any testimony is introduced. The defendant 
may waive hearing and ask to have his case sent to the United States 
grand jury for consideration. In the latter case there is, of course, no 
need for the introduction of evidence. 

Postponement of preliminary hearing. 

It is within the power of a United Stales commissioner to postpone 
from day to day a preliminary hearing so long as he does not abuse the 
privilege. 

Witnesses. 

A witness in a criminal case may be required by the United States 
commissioner, presiding at the preliminary hearing, to give bond or 
recognizance for his appearance to testify in the United States district 
court at the trial of the accused. If the bond required is not furnished 
the United States commissioner may commit the witness to prison until 
the date of the trial. 
Witness fees. 

In criminal proceedings before United States commissioners the wit- 
ness fees prescribed by law are limited to $1.50 per day and 5 cents per 
mile for travel each way. A witness who appears voluntarily to testify 
is entitled to fees if he be one of the limited number allowed. 

Search warrants. 

United States commissioners are not authorized to issue search war- 
rants as a general proposition. In a few^ specific instances the Federal 
statutes permit a commissioner to issue a search warrant upon a proper 
showin.g. None of these special laws relates to the activities of the 
Forest Service. Should the interests of the service require that a search 



74 

of any particular placo be made, to recover Goverinuent projierty stolen 
or unlawfully concealed, the forest officer in charge of the j)roperty 
should explain in full the circumstances to the district forester. The 
United States district judge will then, if advisable, be requested to issue 
the search warrant. 
Hearing. 

The presentation of a case to a Ujiitcd States conunissioner is usually 
a very simple matter. In general the methods employed in a State 
justice's court are permissible. There is no jury to select, as frequently 
must be done in a justice's court. The commissioner is the judge of the 
facts submitted and from them determines whether or Jiot there is prob- 
able cause for holding the accused for trial. All that the forest officer in 
charge of the case for the Government has to do is to present in logical 
order the facts or circumstances which he deems sufficient to convince 
the commissioner that the otTender should be bound to appear for trial 
by the United States district court . If the case should be based on dis- 
puted points of law, or if it be too complicated for thorough presentation 
by the local forest officer, the services of the assistant to the solicitor or 
the law enforcement officer should be requested through the district 
forester by letter, wire, or telephone. 

Report. 

If practicable a written statement of the facts of each case to be heard 
before a United States conmiissioner should be submitted to the district 
forester prior to the date of hearing. In any event a full trespass report 
(outline 874-20) must be forwarded to the district forester immediately 
after the preUminary hearing, unless the accused be discharged from 
custody by the commissioner. The district, forester should be informed 
of the reasons for the discharge of the accused and of the particular facts 
showing the insufficiency of the case of the Government. 

State justice may perform functions of United States commissioner. 

Under section 1014 of the United Slates Revised Statutes a State 
justice of the peace, probate judge, or other magistrate, or mayor of a 
city, may act as a comiuitting officer, issue warrants of arrest on proper 
complaint for offenses against the laws of the United States, and hold a 
hearing to determine whether or not there is probable cause for requiring 
the accused to appear for trial in the United States district court. In 
fact, a State justice has authority to exercise all of the legal functions 
that any United States commissioner may perform at or in connection 
with a preUminary hearing under the Federal laws. 

The State justice in a case conducted by him should use in a modified 
way the criminal forms adopted for practice before United States com- 
missioners. A transcript of the entire proceedings, including copies of 
all writs issued and a statement showing the disposition made of the 
prisoner, should be submitted speedily by the justice to the clerk of the 
United States district court. The transcript should be accompanied by 
an itemized account of the fees due the justice for acting in the case. 
These fees will be paid on the approval of the clerk or judge of the United 



75 

states district court corresponding to the amount paid by the enmity 
for similar services. 

If the office of a United States commissioner be easily accessible to ii 
complaining forest employee, a criminal case should not be set before a 
State justice. It is advisable to have the consent of the State justice to 
hold the hearing before him, before the offender is brought into his court. 
The reason for this is that the State justice may not want to hear the case 
or may feel that he is not authorized legally to hear and pass on the 
evidence, or it may be that the necessary forms are not readily available 
for his use. The forest employee should do everything reasonable to 
assist the justice in handling the case. 

Criminal forms. 

A limited number of specimen forms used by United States commis- 
sioners in criminal cases are incorporated in this volume. 

Defendant. 

The person charged with the commission of any crime against the 
United States is entitled to be represented by legal counsel at the pre- 
liminary hearing before the United States commissioner. It is his right 
to take every technical advantage possible of the situation to procure the 
quashing or dismissal of the complaint. He should be informed of his 
right to do so, and he must be given ample opportunity to secure counsel . 

Information; indictment; trial. 

After an accused person shall have been held or bound over by a 
United States commissioner for trial the next step in the criminal jiro- 
ceedings is the filing of an information by the United States district 
attorney, or the finding of an indictment by a Federal grand jury. If 
the offense be a felony or other infamous crime, the constitution of the 
United States requires that the accused must be indicted. Only in 
case of a misdemeanor (an offense not punishable by imprisonment ex- 
ceeding one year or at hard labor) can an information be filed in the 
Unitad Stit3s district court. After the filing of an information or the 
finding of an indictment the case will be set for trial. All of this work is 
under the dire3tio.i of the United States district attorney. 

Writs of United States commissioners. 

Warrants of arrest and other writs issued by United States commission- 
ers, or by State justices while exercising the functions of a commissioner, 
do not run outside of the judicial district for which the judicial officer 
is appointed. If it be desired to remove a person accused of crime to the 
judicial district within which the crime was committed and to the 
jurisdiction of the United States commissioner who issued the warrant 
the said warrant or a certified copy of it or of the indictment or informa- 
tion must be sent to some United States commissioner in the district 
or State where the accused is located, with request that another warrant 
be issued for the arrest of the offender. Upon a proper showing the 
warrant will issue and the United States marshal or his deputy for the 
district in which the accused is found will execute the warrant. The 
prisoner is then entitled to a hearing before the United States com- 



76 

missianer who issued the second warrant for his arrest. If probable cause 
bo fDund for holding the prisoner, the record of the proceedings will be 
se:it to the judge of the United States court for the district where the 
ofTender had been apprehended. 

The prisoner is entitled to notice of the proposal to remove him to the 
district or State where the alleged offense was committed, and to a 
hairing bafore the judge requeste i to order the removal. At this hearing 
the prisoner may contest the right to remove him and introduce evidence 
to prove his innocence. Upon a satisfactory showing by the Government 
the judge will issue the warrant for the return of the accused to the State 
or district having jurisdiction to try the charges. As a rule, removal 
proce3ding-! are handled bj' the United States attorneys of the districts 
intere.sted. 

Note.— A United States judicial district may comprise a whole 
State or a part of a State. 
Limitation on criminal action in Federal courts. 

No indictment shall be found, nor shall any presentment be made 
without the concurrence of at least 12 grand jurors. All crimes and 
offenses cDmraitted against the United States which are not infamous 
may be prosecuted either by indictment or by information filed by a 
district attorney. No person shall be prosecuted, tried, or punished for 
treason or other criminal offense, willful murder excepted, unless the 
indictment is found or the information is instituted within three years 
next after su:'h treason or criminal offense is done or committed. (Sec 
United States Revised Statutes, sees. *1021, 1022, 1043, and lOU as 
amended by act of April 12, 1876.) 

CRIMINAL PROCEDURE IN JUSTICES' COURTS 
OF MONTANA. 

Justice of the peace. 

A justice of the peace in Montana is vested tjy law with criminal 
jurisdiction of a limited character. He has authority to hear criminal 
charges in all cases of misdemeanor where the penalty is a fine of not 
more than $500, or imprisonment for not more than six months, or both. 
In this class of cases a justice may impose the penalty after the guilt of 
an accused person has been found in the legal way. Warrants of arrest 
subpcenas, search warrants, and other writs necessary to enforce his 
authority may be issued by the justice. Under the law he is a magis- 
trate. He may punish for contempt of his court. 

Whenever the statutes pro\-ide that a certain function must be per- 
formed or exercised by a magistrate, a justice of the peace may do it. 
He may issue warrants for the arrest of persons charged with felonies 
and hold them for trial after preUminary hearing, although he has no 
power to try cases of felony. 

In case of an offense against any Federal law he may act as a com- 
mitting magistrate with all of the power conferred by law on a United 
States commissioner. For a discussion of the powers of a justice of the 



77 

peace wliile acting as a committing magistrate under Federal law, 
read the article under "Criminal jjrocedure before United States com- 
missioners," subtitle, "State justice may perform functions of United 
States commissioner." 

Felony. 

Under Montana law a felony is a crime punishable with death or 
imprisonment in the State prison. All other crimes are misdemeanors. 
It is well to remember that a county jail is not a State prison . 

A crime declared to be a felony by the Montana Legislature is puni.^h- 
able by imprisoiunent in the State prison for not more than 5 years 
unless otherwise specifically provided by the legislature. As a general 
rule, the legislature provides the penalty in the enactment, but in many 
instances it classifies the crime only, thereby permitting the court to 
inflict punishment under the general penalty. The prosecution for a 
felony is begun by the filing of a information by the county or prose- 
cuting attorney, or by the finding of an indictment by a grand jury of 
the county. 

Misdemeanor. 

A misdemeanor is any crime not declared to be a felony by the Montana 
Legislature. The punishment for misdemeanor is a fine of not more 
than $500, or imprisonment in the county jail for not more than six 
months, or both, unless a different punishment is specifically provided 
by law. It frequently happens that the legislature defines the penalty 
for a crime but does not specifically state whether the crime is a felony 
or misdemeanor. In this kind of a case you should refer to the definition 
of felony and of misdemeanor in order properly to classify the crime. 
The prosecution for a misdemeanor is generally commenced by the 
filing of a complaint under oath. Sometimes the prosecution is begun 
by information or indictment. 
Territorial jurisdiction. 

Under the statute each township should elect two justices of the 
peace. The boundaries of each township are defined by the county 
commissioners. A justice of the peace may hold court for the justice of 
the peace of any other township in the county, upon request of the 
latter. Any misdemeanor committed within the county may be tried 
by any justice of the peace of the county. The practice is, however, to 
bring the offender before the nearest justice for prehminar> hearing or 
trial. While a justice of the peace may not be legally authorized to 
punish for a felony, ho has jurisdiction as a magistrate to issue a warrant 
for the arrest of a person charged with the commission of a felony com- 
mitted within the county and to bind the accused for trial. 

Warrant of arrest. 

A warrant of arrest or other writ issued by a justice of the peace may 
be executed in any part of the State by the sheriff, constable, marshal, or 
poUceman of the county in which it was issued. A specimen warrant 
of arrest is inclosed in this volume under the subtitle " Criminal forms." 
As a general proposition, a warrant of arrest or other writ of a ju'^tice 



78 

of the peace must be directed for service to a sheriff, constable, marshal, 
or policeman. If the offense charged be against any of the forest-fire 
laws of the State, a duly quaUfied forest oflacer may also be directed to 
execute the warrant, because forest officers, under the State forest fire 
law, are ex officio fire wardens. Should the crime be against any of the 
game laws of the State, the warrant may also be directed for ser\ice to 
a forest employee, pro^ided he has been appointed a State deputy 
game warden. Should there be no duly elected and quahfied constable 
for the justice township, the justice of the peace may depute a special 
constable to serve a summons, subpcBna, warrant of arrest, or other 
writ necessary to enforce his legal authority. 

Complaint. 

All criminal actions in justice of the peace courts are begun by com- 
plaint. This document must be under the oath of some person who 
from personal knowledge is familiar with the facts of the crime charged. 

The Montana statute provides that the complaint must state: 

(1) The name of the person accused, if known. 

(2) The county in which the offense was committed. 

(3) Thegeneralnameof the offense. 

(4) The person against whom, or against whose property the 
offense was committed. 

(.5) If the offense be against property, a general description of 
the property must be given . 

(6) Particulars as to time and place of the offense. 

(7) The crime may be defined in the words of the statute appli- 
cable in the case. 

(5) The complaint must be subscribed and sworn to. 

A specimen copy of a complaint may l)e found in this volume under 
the subtitle "Criminal Forms.'' 

.\rrest without warrant. 

A national forest oj^^cer located in Montana may arrest \\ ithout warrant 
a person violating in his presence any of the forest fire laws of the State. 

Any national forest officer or employee who holds a commission as 
State deputy game warden may arrest without a warrant anyone violat- 
ing in his presence any of the fish or other game laws of the State. 

If the offense committed be a felony, such as maliciously setting on fire 
any timber land, the arrest may be made upon reasonable suspicion 
by the forest officer or employee, provided he has the qualifications 
defined above. 

As a private citizen a forest employee may make an arrest for a public 
offense committed in his presence or when a felony has in fact been 
committed and he has reasonable grounds for believing that the person 
arrested committed it. Should he make a mistake, however, he would 
be liable in civil damages to the party injured, whereas if he were oper- 
ating by authority of a legal warrant, he would not be so liable. 

Note.— These powers are derived from the statutes of Montana 
and not by virtue of your selection as national forest employees. 



Arrest. 

To lUikc an arrest it is not uoeessary physically to seize the ofTender. 
If, upon the request of an olRcer, the accused subjects himself to the 
authority of the oflTiccr, the arrest is complete. However, if the accused 
will not submit, all force reasonably necessary to remove the prisoner 
to the presence of a justice of the peace for hearing may be used. Fur- 
thermore, the oflTicer making the arrest may summon orally as many 
persons as he deems necessary to accomplish the arrest. An arrest 
for a misdemeanor can not be legally made at night unless luider the 
direction of the justice or magistrate indorsed on the warrant. In case 
of felony the arrest may be made during the day or night . The offender 
must be advised of the intention to arrest liim and of the authority'of 
the officer, except when the criminal is found engaged in the commis- 
sion of the crime . Forest officers acting under the authority of a warrant 
must show it to the accused. It is good practice to read it to the offender. 
All weapons found on the person arrested may be taken from him. 
They must bo delivered to the magistrate or justice. 
Limitation of criminal action. 

In case of misdemeanor a complaint, information, or indictment 
must be (lied within one year from the date of the offense, or the action 
is legally barred. If the crime be a felony, the information must be 
filed, or indictment must be found within five years from the date of the 
offense, or the criminal prosecution can not be legally commenced. 
There is no limitation on the commencement of legal proceedings to 
punish for murder or manslaughter. The above limitations do not 
apply if the offender has (led or removed from the State. They apply 
only to actual residence within the State. Upon return to the State 
where the offense was committed the offender may be prosecuted for 
the crime if his total residence in the State since the commission of the 
offense has not been more than the limitation period. 

Rights of defendant. 

A person formally accused of crime of any kind shall haxo the right: 

(1) To appear and defend in person or by counsel. 

(2) To demand the nature and cause of the action . 

(3) To meet the witnesses face to face. 

(4) To have process to compel the attendance of witnesses in his 
behalf whether they reside within or without the county in which he 
is to be tried. 

(5) A speedy and impartial trial by a jury of the county in which the 
offense is alleged to have been committed. 

(6) To ha^■e a change of venue upon a proper showinf . 

(7) Not to be prosecuted a second time for a public offense for which he 
was previously prosecuted and con^icted or acquitted. 

(8) Can not be compelled to be a witness against himself. 

(9) Can not be punished for a public offense except upon a legal con- 
viction. 

(10) Unless upon a plea of guilty, no person car. be convicted of a felony 
without the verdict of ajury of 12 quahfiod persons being accepted and 
recorded by the court. 



80 

(11) No defoadaut can be punished for a misdemeanor except uf)on a 
plea of guilty, unless a verdict of "guilty" is delivered to the court by a 
legal jury. The defendant may waive a jury and submit his case to the 
judgment of the court. 

(12) Must be taken before the magistrate who issued the warrant for 
his arrest or some other magistrate of the same county if the alleged crime 
be a felony. (Note.— This is for preliminary hearing only.) 

(13) If the crime charged is a misdemeanor, and the arrest is made in 
another county, the defendant at his request must be taken before the 
nearest magistrate in order that he may be promptly bailed. If bail be 
not forthwith furnished, the officer must take his prisoner before the 
magistrate who issued the warrant. Should the latter be absent or 
unable to act, the prisoner must be taken before the nearest or most 
accessible magistrate in the same county. 

(14) The defendant must be brought as promptly as possible before the 
magistrate for hearing. 

(15) Reasonable opportunity to secure the services of counsel must be 
given to the defendant. 

(16) If the defendant is brought before a justice other than the one who 
issued the warrant of arrest, the complaint on which the warrant was 
issued must be in the possession of that justice. 

(17) In general, the officer making the arrest must take the prisoner 
l)efore the nearest magistrate of the county in which the olTense is triable . 
The officer must deliver to the magistrate the complaint and warrant 
with his return indorsed on the waiTant. 

(18) If arrested without a warrant, the defendant mifst be promptly 
taken before the nearest magistrate, and he is entitled to have a formal 
complaint under oath filed against him immediately, so that he may 
know definitely the nature of the charge against him. He is also entitled 
to all of the rights above specified. 

(19) Must be present in court before the trial can proceed. 

(20) Except in certain specified cases a wife can not testify against her 
husband without his consent, nor a husband against his wife without her 
consent. 

(21) The right to appeal from a judgment of the justice's court and to 
have a trial anew in the district court. 

Bail. 

The prisoner at any time after his arrest and Ix^fore his coTiviction may 
be admitted to ))ail by the justice's court. 

Magistrates. • 

A magistrate is an officer having authority to issue a warrant of arrest . 
In Montana justices of the supreme court, judges of the district court, 
justices of the peace, and police justices are magistrates. The magistrate 
may examine any person who files with him a criminal complaint to 
determine the degree of personal kjiowledge of the crime possessed by 
the complainant. 



81 



Peace officers. 

Sheriffs, deputy sheriffs, constables, marshals, and policemen arc 
peace officers. 
Jury. 

In the coirt of a justice of the peace, a legal jury is composed of six 
qualified persons. The defendant may agree to any numl er less than 
six persons: or the accused may waive his right to have a jury try his 
ease and permit the court to hear and pass on the facts as well as the law 
of the case. The jury of a justice s court may be summoned orally by 
any sheriff, constalle, marshal, or policeman of the county. If there be 
no duly ciualified constalle in the justice township, the justice is legally 
authorized to appoint a special constable to summon a jury. 

The assent of two-thirds of the Jury in a justice s court is all that is 
necessary for a verdict if the charge against the defendant be a misde- 
meanor. If the offense charged is a felony, the verdict of the jury in a 
district court finding the accused guilty must 1 e based on unanimous 
consent. 

If a jury be discharged without reaching a verdict, the defendant may 
be tried again. A jury may fix the punishment within the limitations 
provided by law. Should it fail to do so, the justice of the peace will 
fix it. An erroneous verdict may be modified by the court. Judicial, 
military, and civil officers of the State and of the I' nited States are ex- 
empt from jury service. These officers must, however, respond if sub- 
poenaed. Their claim for exemption should then be presented to the 
court. 
Qualifications of jurors. 

(1) A competent juror nuist be a male citizen of the United States 
over 21 years of age and not over 70. 

(2) He must be a resident of the State at least 1 year and of the county 
90 days. 

(3) He must be in possession of his natural faculties and of ordinar}- 
intelligence. 

(4) He must have sufficient knowledge of the English language. 

(5) He must be assessed on the last assessment roll of the county on 
property belonging to him. 

Information; indictment. 

There is no substantial difference between an information and an 
indictment. Both are formal accusations of crime. The first is usually 
filed in the court by the county attorney, and the other is filed in the 
same place by a grand jury. 
Grand jury. 

In Montana a grand jury is composed of seven qualified men selected 
from the citi-ens of the county to inquire into any public offense com- 
mitted in the county and to find an indictment of the offender. 
Crimes committed near boundary. 

If a crime is committed in Montana within 500 yards of the boundary 
coincident to two counties, either county has jurisdiction to try the 
110113—22—6 



82 

offender and impose a penalty. If property obtained through larceny, 
burglary, of robbery be brought into a county from another within 
Montana, either county has jurisdiction to try the criminal. A person 
who steals property in another State and brings it into Montana may 
1)C tried in any county into or through which the property has been 
brought. 
Subpoena. 

A subptcna is a process or a writ by which the attendance of a witness 
is required at a specified time and place to testify regarding the matter 
in hearing. The subpoena may require the witness to bring -with him 
into court any book, document, or other thing under his control which 
he is bound by law to produce as evidence. Service of a subpoena is 
made by showing the original and delivering a copy to the witness per- 
sonally. If the witness does not respond after legal service, he may be 
punished for contempt of court. A subpcrna may be served ])y any per- 
son. UsTially it is served l)y a sheriff, marshal, constable, policeman, or 
game or lire warden. If served by a forest emploj'ee, he should make 
his return on the back of the original and return it to the justice. Upon 
faihire of a \A-itness to appear at the time and place specified in the sub- 
ptTua, the justice may issue a warrant for the arrest of the witness. Th6 
warrant must be directed to the sheriff of tlie county for execution. The 
magistrate before whom the complaint is filed or before whom the case 
is set for trial usually issues the subpoena to the witness. The county 
attorney may also issue subpceneas for witnesses to support a prosecu- 
tion, or to attend a sitting of the grand jury, or to support an information 
or indictment, or to appear before the court in which the trial is held. 

No person is o1)liged to attend as a witness before a court or magistrate 
out of tlie county in which the witness resides, unless the judge of the 
court in which the offense is trial^Ie, or a justice of the supreme court, 
or a judge of the district court, shall indorse on tlie subpana an order to 
attend. This indorsement is usually attaclied to the subpoena after a 
proper showing is made by affida', it of the county attorney, of the mate- 
riality of the witness. The defendant or his counsel may also require 
the attendance of witnesses in his favor through tlie same channel. Fees 
are not advanced; but if the witness is too poor to pay the expenses 
pen iing reimbursement, the court may order tlie cleric to advance the 
expenses of the v.dtness. No fees aie advanced to witnesses residing 
within the county. 

A specimen copy of subpa na is incorporated in this book under the 
title, "Criminal forms." 

Witnesses. 

To be competent, a witness must be of sound mind. Generally speak- 
ing, the ^^'itness must be over 10 years of age. A defendant in a criminal 
case can not be compelled to be a witness against himself. He may, 
however, testify on his own behalf if he so desires. When he appears on 
the stand, he is subject to examination like any other witness, and his 
testimony may be used for or against him, as the facts warrant. AVhen 
two or more persons are accused jointly of an offense, any one may testify 



83 



against the other or others, but his testimony can not be used later 
against him in the criminal action. The method of compelling witnesses 
to attend criminal trials is treated under the subtitle, "Subpana." Tf 
a witness willfully disobeys any lawful order, process, or writ of a court 
or magistrate, he is liable to a fine of not more than $500 or to imprison- 
ment for not more than six months, or both. In criminal cases the fees 
and expenses of witnesses \i\ ing within the county need not be advanced . 
However, upon a showing of poverty the judge of the district court may 
draw a warrant on the coimty treasurer for the reasonal^le expenses of 
the witness. A witness at a hearing before a justice's court may be re- 
quired to furnish an undertaking for his further appearance in the case. 
If he fails to furnish the security, he may be committed to jail until his 
deposition can be taken. For fees in justice's court a witness is allowed 
for each day in attendance $1..50 and 10 cents for each mile traveled to 
and from place of hearing or trial. 

Plea. 

Upon arraignment the accused may enter a plea of guilty, or he may 
offer a plea of not guilty and demand trial in the manner prescril:ed by 
law. If a plea of guilty be entered, the ease need not be submitted to 
a jury. This plea is usually made orally. He may demur to the com- 
plaint or move to have it quashed. 

Selection of jury. 

A challenge to the entire panel may lie olTered by the defendaiit or the 
prosecution. The challenge must be founded on some irregularity in 
the drawing. In a trial in a justice's court the defendant is entitled to 
four peremptory challenges and the State to two, A peremptory chal- 
lenge is an objection to a j uror for which no reason need be given. There 
is no limit to the number of challenges for cause. The comt in each case 
passes on the challenge for cause. Challenges for cause are made for 
conviction of felony, unsoimd mind, being prejudiced, relationship to 
the defendant, agency, close business relationship to the defendant, 
having served on the grand jury that brought in the indictment, having 
formed an opinion as to the guilt or iiuiocence of the defendant, and 
other reasons. 
Postponement. 

Before the commencement of a criminal trial in any court either party 
to the proceelings may upon good cause shoivn have a reasonable post- 
ponement. The reasonableness of the request will be decided by the 
judge. Usually affidavits to support the request must be presented. 
Prosecution of a corporation for crime. 

A corporation may be prosecuted for a criminal olTense just as w-ell 
as a natural person. The mode of procedure in general is very similar 
to that employed when a natural person is brought to the bar of justice. 
A criminal complaint may be filed before a justice of the peace charging 
a corporation by its corporate title with the offense committed by it. 
The justice will then issue what is known as a summons (copy incor- 
porated in this w^ork), wliich may be served in the same manner as a 



84 

subpoena upon the president or other head of the corporation, or upon 
the secretary, cashier, or managing agent. 

Upon the day set for hearing, after proofs are submitted, the mag- 
istrate will certify upon the complaint that there is or is not probable 
cause for holding the corporation for trial in the district court. The 
magistrate will then send the complaint to the clerk of the district court 
where the county attorney, on leave of the court, files an information 
against the corporation, or has it indicted by a grand jury. Corpora- 
tions are not punished for their crimes by justices' or police courts. The 
only function of the justice in this class of cases is to make his finding of 
the probable guilt of the corporation and transmit it to the district court. 
The county attorney then handles the prosecution of the corporation. 
Before proceeding against a corporation it would be advisable for forest 
officers to confer with the county or prosecuting attorney so as to reach 
a thorough understanding relative to the use of the evidence of guiltj 
available, and the method of procedure. 
Trial. 

After motions and demurrers are disposed of, the first step in a crim-" 
inal trial is the selection of a jury to try the case. The submission of 
evidence in natural order takes place next. Usually the State presents 
its side of the case first and the defense secondly. Each witness, whether 
for the prosecution or defense, must give testimony based on personal 
knowledge of the crime or of some fact tending to connect the accused 
with the crime. 

All witnesses are subject to cross-examination and impeachment. 
Careful examination may be made to test their prejudices, their op- 
portunity to observe, their intelligence, and their ability to get a men- 
tal picture of the occurrences which they relate. Most of this is done; 
on cross-examination. There is one exception to this rule, and that is 
in the case of witnesses known as "experts." Within certain restric- 
tions an expert witness may declare his opinion of the effect of facta 
known or presumed to be true. 

The accuracy of maps, charts, photographs, and other exhibits pre- 
sented for use at the trial may be tested, and the qualifications of the 
makers inquired into very closely. This rule applies also to the authors 
of technical books. In fact, it applies to everything submitted for the ex- 
amination of the court and jury. (See topic "Maps and photographs.") 

In presenting a case it should always be remembered that the judge 
is the arbiter of the law and the jury the judge of the facts. It is very^ 
necessary to present a case in plain understandable EngUsh since, as 
rule, a jury is composed of ordinary men of rather limited education 
The answers of forest employees acting as witnesses in a criminal case] 
should be in the simplest language possible, brief and to the point 
Evasive answers make a bad impression on the court and jury. 

A jury in a criminal trial must sit together after hearing the charge 
until they have reached a verdict, or their disagreement is approved bygr! 
the court. Misconduct of a trial jury may be grounds for a new trial ol 
the defendant, should it bring in a verdict of guilty. The jury may d 



1 

nlj 



85 



cide the case in the court room or retire for deliberation. The jury is 
sworn before it takes up the consideration of the evidence. 

The defendant must be present before the trial can be legally begun. 
New trial in general. 

A new trial may be granted onany of the following ground: If the jury 
receives evidence for consideration outside of that submitted to the court; 
separation without leave of the court; misdirection by the court on any 
material point of law; when the verdict is contrary to the law and the 
evidence; discovery of new evidence not known to the defendant at time 
of trial and which could not be discovered with reasonable diligence, 
etc. 

Verdict. 

The verdict of a j ury must be delivered to the court pubUcly. If there 
are several defendants, the jury may render a verdict as to those on which 
they have agreed. Upon disagreement regarding the others the court 
should be informed. Those regarding whom no verdict was reached 
may be tried by another jury. Only theassent of two-thirds of the num- 
ber on the jury is required for a legal verdict in a justice's court. 

Judgment. 

If the accused be found guilty of a misdemeanor, the judgment of the 
court may be rendered in his absence. A judgment for felony in the 
district court must be delivered by the judge in presence of the defend- 
ant. The judgment of a justice's or police court must not be rendered 
more than 2 days nor less than 6 hours after the verdict unless the de- 
fendant agrees to a difTerent time. 
Appeal. 

A defendant in a justice's or police court case may appeal from the judg- 
ment at any time within 10 days to the district court, where a new trial 
of the charges in every respect will beheld. The notice of appeal is given 
in open court at the time of rendition of judgment, or by a written notice 
within 5 days thereafter. In order to secure a new trial in the district 
court, an undertaking to guarantee the fine and costs of the case must 
be filed in the justice's or police court. The defendant may be bailed 
pending his trial by the district court. 
Police courts. 

A police magistrate or justice is an officer having jurisdiction of mis- 
demeanors and acts declared by ordinance to be offenses, committed 
within cities or towns. His powers are like those of a justice of the peace. 
Search warrants. 

A search warrant is an order in writing issued by a magistrate to a 
sheriff, marshal, constable, i^oliceman, game or fire warden to search for 
personal property and bring it to the magistrate or justice. 

This warrant is issued only upon a propc^- showing under oath that: 

(1) The property sought was stolon or embezzled. 

(2) The property son.ght was used in the commission of a felony. 

(3) The property is in possession of any person with intent to use it as 
a means of committing anj' public offcjne. 



86 

(4) The properly is in possession of a person to whom the person in- 
tending to use it as a means of committing a piibUc offense had delivered 
it. 

(5) The property is desired as evidence of a violation of any of the 
game laws of the State. 

A writ of this character is issued only on a finding of probable cause to 
believe of the existence of the property and that it is within one of the 
classes defined above. The justice or magistrate is obliged under the laAV 
to examine carefully and fully the person making application for the 
search warrant before he shall issue it. In the execution of a search war- 
rant the officer may break open any outer or inner door, or any window of 
a house, or any part of the house, if, after proper notice of his authority 
to the owner or occupant, he is refused admittance. Should the officer 
be locked into any room or part of the building while in the performance 
of his search, he may break open any part of the house to secure his 
liberation. 

Unless the magistrate or justice specify on the search warrant that it 
may be executed in the night time, it must be executed in the day time. 
A return on the search warrant must be made to the justice or magistrate 
within 10 days from the date of its issuance. 

The officer executing the search warrant for his own protection should 
give an itemized receipt for the property taken to the person ccupying 
the building from wiiich it was removed. The law requires that this 
be done. If the building be unoccupied, the receipt may be tacked or 
posted on the inside of the building. But it would be better practice to 
deliver the receipt to the person in control of the btiilding at the time the 
property was removed. A specimen copy of search warrant is inclosed ; 
in this volume under the subtitle, "Criminal Forms." 

Affidavit. 

An affidavit is a wTitteii declaration inider oath, made without notice 
to the adverse party. It must be subscribed and sworn to by the affiant 
or person making the statement. The oath must be administered by an 
officer empowered to administer oaths. An affidavit must be specifi- 
cally required by law^ in order to hold the affiant criminally responsible 
for a false representation in it of the facts. 

A national forest employee as such has no legal authority to administer 
oaths. Forest employees should, however, secure written statements 
signed by the person inter^iewed and sworn to before the forest employee 
seeking the statement. Such statements are not affidavits in the strict- 
est sense of the word, but they are commonly accepted and considered as 
such by the public. They should be prepared in the form of an affidavit 
whenever possible on account of the impression made on the mind of the 
person making the statement. Furthermore, a statement of this charac- 
ter, though not admissible as evidence as a general rule, is an index to 
what the testimony of the affiant will be, if he should be called or sub- 
poenaed as a witness. Then, too, these statements are invaluable to the 
county attorney, law enforcement or prosecuting officer, since through 
them he obtains a definite idea of the testimony to expect from a witness 



at a trial. A form of afTidavif is incorporated in this haiulliook undor 
the title, "Criminal forms." 

Deposition. 

A deposition is a written declaration under oath of a witness outside 
of the jurisdiction of the trial court or unable to attend the trial because 
of illness or other excusable cause. The party seeiiug the deposition 
must inform the other party to the cause of the date set for the taVinsr* 
of the deposition, so that he may have opportunity to appear and cross- 
examine the witness. 

l^sually a deposition is in ilie form of question and answer. 'Die court 
in which a case is being heard or to be heard will issue a commission to 
some magistrate or officer empowered to administer oaths to take the 
deposition desired. Unlilre the ordinary affidaAit, a deposition when 
properly ol^tained becomes admissible evidence at the trial of an accused 
person . 

The magistrate l;efore whom tlie deposition is lobe made may force the 
deponent to attend by the usual method applicatie to other persons 
whose testimony is required. A defendant in a criminal case may have 
depositions taken in his behalf, whether the deponents are vrithin or 
without the State. The prosecution is entitled to the same advantage. 

Criminal responsibility. 

No person is criminally responsible for the crime of another, unless he 
took some part directly or indirectly in the commission of the ofTense. 
In a criminal sense, "indirectly" does not mean innocently. If there 
had been a conspiracy between two or more i)ersons to commit some 
public offense, all would be responsible for the crime committed, even 
though some took no active part in accomplishing the crime. Conspiracy 
is an exception to the general rule. 

For example, two men are traveling together through the forest, and 
both have been smoking cigarettes during travel across a specified area. 
It is known positively that no other person besides the two smokers 
passed over the route traversed within a certain hour. No lightning had 
existed in the region during the hour. A cigarette fire was discovered 
within the hour on the route traversed. The presumption here is strong 
that some one of the smokers started the fire by a hghted match or a 
cigarette stub. On the theory that either one or the other must be guilty 
you can not hold both criminally responsible for the fire even though they 
admit that they were smoking while crossing the point where the fire 
occurred. You must prove which one is liable fo'- the offense. Of 
course, if two or more persons are engaged in the commission of a public 
offense, and, if, while attempting to consummate their criminal purpose, 
any one of them commits some crime other than that intended, all may 
be criminally responsible under certain circumstances. 

To attach criminal responsibility to anyone, a suspicion, no matter 
how plausible or convincing, is not sufficient. Proof of the crime and 
of the responsibilitj' of the accused for it, must be clear, positive, convinc- 



88 

ing, and beyond a reasonable doubt. For a definition of "reasonable 
doubt" seethe article under the subtitle, " F^videnco.'' 

County or prosecuting attorney. 

The law has designated the cpunty or prosecuting attorney as the 
officer to represent the State in criminal prosecutions. He is vested with 
large powers in this regard. In the presecutions for offenses against the 
fire and game laws of the State he is generally wiUing to accept the advice 
and help of forest employees if the unlawful acts were committed within 
the boundaries of any national forest or in the vicinity of one. In prac- 
tice many cases aretriedinajustice scourt which are not prosecuted or 
handled by the county attorney. Furthermore, the county attorney 
is the legal adviser of justices of the peace in his county, and forest em- 
ployees should feel free to ask his advice in matters relating to law en- 
forcement. 

CRIMINAL PROCEDURE IN JUSTICES' AND PRO- 
BATE COURTS OF IDAHO. 

Introduction. 

The i)rocedu re provided by Idaho law for the conduct of criminal prose- 
cutions before justices' and probate courts of the State, is substantially 
similar to that of Montana. There are, however, nine material differ- 
ences wliich are scheduled under this title. Otherwise, forest employees 
must refer to the Montana rules of procedure outhned in this volume for 
guidance in handling cases in the justices' and probate courts of Idaho. 
A probate judge in Idaho has no greater jurisdiction in criminal matters 
than a justice of the peace. His criminal jurisdiction is exactly measured 
by the statutory rules applicable to justices' courts. 

Probate court. 

A prol)atc court is one over which presides a judge elected by the people 
of the particular county. The office and court of a probate judge are 
usually located at the county seat. He is a magistrate under the law 
upon whom is conferred limited criminal jurisdiction. He can impose a 
penalty for a misdemeanor if the punishment prescribed by law is a fine 
of not mo e than $30() or imprisonment in the county jail for not more than 
six months, or both. As a magistrate, he is authorized to issue, upon a 
proper showing, warrants of arrest, search warrants, subpoenas, commit- 
ments, and all other writs necessary to enforce his jurisdiction . 

Since a probate judge is a salaried officer of the county, it is the general 
practice to have tried before him all misdemeanors committed within the 
county over which he has juridsiction. In this way, the fees which a 
justice of the peace charges for his services are saved to the county. As a 
rule, the ijrosecuting attorney requires that the trials of offenses of this 
character be held before the probate judge. Frequently, however, the 
prosecuting attorney will permit the hearing or trial of a criminal case 
before a justice in an isolated locality especially when the cost of trans- 
porting the offender and witnesses to the county seat will exceed the fees 



89 

paid to the local justice and the witnesses. Forest employees should not 
put the county to unncessary expense in handling prosecutions for mis- 
demeanors. 

Justice of the peace. 

In Idaho, justices of the peace are elected from judicial units known as 
precincts. A precinct in Idaho corresponds to a judicial township in 
Montana. The justice must hold court in his precinct, except when he 
is called into another precinct to act for another justice. He can impose 
punishment only when the penalty is a fine of not more than $:J00, or 
imprisonment for not more than six months in the county jail, or both. 

Felony. 

The punishment provided by the law of Idaho for the commission of 
any felony, except death, is a fine of not more than $5,000, or imprison- 
ment in the State prison for not more than five years, or both. This is 
the rule except where other punishment for a felony has been speci- 
fically provided by a statute of the State. 

Misdemeanor. 

Unless otherwise specifically provided by statute, the punishment in 
Idaho for a misdemeanor is a fine of not more than $300, or imprisonment 
for not more than six months in the county jail, or both. 

Note: Felonies and misdemeanors are classifications of crime. 
Neither one is the distinctive name of an ofTense. 

Crimes committed on vessels or trains. 

In Idaho the jurisdiction of an offense conunitted on a train or on board 
any vessel is in any county through which the train or vessel passed or 
in the county where the trip terminated. 

Limitation on criminal action. 

An indictment for felony, other than murder, must be found in Idaho 
within three years from the date of the offense. Otherwise, the limita- 
tions are the same as in Montana. 

Jury. 

In a justice's or probate court in Idaho, a legal jury is composed of 12 
qualified persons. At the trial of a misdemeanor, however, the State 
and the defense may agree upon any number less than 12, or the parties 
may waive a trial by jury. The assent of five-sixth of the number serv- 
ing on the jury is all that is reqtnred for a legal verdict in a justice's or 
probate court in Idaho. 

Selection of jury. 

At a criminal trial in a justice's or probate court in Idaho, the defendant 
is entitled to four peremptory' challenges to jurors, and the State to three. 
Otherwise, the procedure is the same as in justice of the peace courts of 
Montana. 



90 



Witnesses. 

The rule of procedure for compelling witnesses to attend criminal trials 
before justice's and probate courts in Idaho is very similar to that in 
Montana. There is an exception relative to fees. In Idaho, a \vitne^< 
is allowed by law $2 for each day of legal attendance, and 2.5 cents per 
mile one way. There is also a difference as to the nimiber that may be 
subpcEuaed by the State or defendants. No more than three witnesses 
may be subpoenaed by either party, at the e.Kpcnse of the county, except 
upon the order of the judge. This order is usually based on the affidavit 
of the defendant or the prosecuting attorney, showing that the testimony 
of the proposed witness is material, and (hat he can not ga to trial safely 
without it. 

CRIMINAL PROCEDURE IN THE STATES OF 
WASHINGTON AND SOUTH DAKOTA. 

Forest employees. 

Since there is but a very small part of the National Forest area of 
district No. 1 within the States of Wa.shington and South Dakota, the 
criminal procedure in justices' courts of these States is not defined in 
this volume. 

It may safely be said, however, that the criminal procedure is sub- 
stantially the same. There are minor dilferences, of course; but on the 
whole it is believed that the rules elucidated In the Montana portion of 
this work will be ample as a guide for the employees of the Kaniksu and 
Custer National Forests who have to deal with criminal offenses com- 
mitted within their respective administrative districts. In case of doubt . 
ask the district forester or the local prosecuting attorney for instructions . 



CRIMINAL FORMS IN USE BY UNITED STATES 
COMMISSIONERS, STATE, JUSTICES', AND 
PROBATE COURTS. 

Criminal Complaint. 

(Federal fire law.) 

United States of America, ^ 
District of Montana, j 

Before me, Hugh Smith, a United States commissioner for the district 
of Montana, personally appeared this day James Corbett, who being first 
duly sworn, deposes and says: That in the State and district of Montana, 
on or about the 3d day of August, 1921, Thomas A. Lawson, in violation 
of section 52 of the Penal Code of the United States, and within the 
jurisdiction of this honorable court, did then and there willfully, unlaw- 
fully, and knowingly set on fire or caused to be set on fire timber, brush, 
and grass upon the public domain of the United States of America, 
within the Lolo National Forest, against the peace and dignity of the 
United States of America and contrary to the form of the statute of the 
said United States of America in such eases made and provided. 

James Corbett. 
(Signature of affiant.) 

Subscribed and sworn to before me this 5th day of August 1921. 

Hugh Smith, 
United States Commissioner as aforesaid. 

Criminal Complaint. 
(General Federal form.) 
T'nited States of America, 



District of , / "' ' 



Division. 



Before me, , a United States commissioner for the district 

of , division, personally appeared this day , who, 

being first duly sworn, deposes and says that on or about the day 

of A. D. 192—, at in said district, 



in violation of 

(Insert section number and date of statute.) 
did unlawfully 



(91) 



92 

contrary to the form of the statute in such cases made and provided, 
and against the peace and dignity of the United States of America. 
Deponent further says that he has reason to believe and does believe 

that 

are material witnesses to the subject matter of the complaint. 



(Deponent's signature.) 

Subscribed and sworn to before me, this day of 

A. D. 19—. 

[SEAL.) 



U. S. Commissioner as aforesaid. 

Crimikal Complaint. 

(Larceny of United States property.) 

United States of America, ^ 

District of — , j " 

Before me, , a United States commissioner for the district 

of , division, personally appeared this day , who, 

being by me first duly sworn, deposes and says that , on or about 

the day of , 192—, in the coimty of , in said district, 

and within the jurisdiction of this court, in violation of section 47 of the 
Penal Code of the United States, did then and there imlawfully and felo- 
niously take, steal, and carry away from another, to wit, from — 

, then and there a forest officer at , 



(Name of forest officer.) 

County, in the State of , personal property belonging to the United 

States, which said personal property then and there consisted of , 

the said imlawful and felonious taking and carrying away being with the 
intent then and there to steal the said property and deprive the United 
States thereof, contrary to the form of the statute in such case made and 
provided and against the peace and dignity of the United States of 
America. 



(Affiant's signature.) 
Subscribed and sworn to before me this day of , A. D, ... 



United States Commissioner as aforesaid. 

Criminal Complaint. 

(State specimen.) 

[Tlxis form is applicable in the States of Montana, Idaho, and Wash- 
ington with sUght modification. If used in Idaho, the word precinct 
should be inserted instead of township.] 

In the justice court of. Hellgate Township of the State of Montana in 
and for the county of Missoula, before Oscar Jensen, justice of the peace. 



93 



The state of Montana, plaintiff, 



V. \ CompJaint. 



Geoege W. Paine, defendant, f 

State of Montana •» 
County or Missoula / 

Personally appeared before me this day John H. Clack who, being 
first duly sworn according to law, complains and says: 

That George W. Paine, accused by this complaint of the crime of 
leaving unquenched a camp fire committed as follows: The said George 
W. Paine did on or about the 28th day of July, A. D. 1922, at the county 
of Missoula, in the State of Montana set out a camp fire and did unlaw- 
fully willfully and maliciously leave the same unquenched, all of which 
is contrary to the form, force, and effect of the statute in such case made 
and provided and against the peace and dignity of the State of Montana. 

Said complainant therefore prays, that a warrant may be issued for 
the arrest of the said George W. Paine, and that he may be dealt with 
according to law. 

John H. Clack. 
(Affiant.) 

Subscribed and sworn to before me this 3d day of August A. D. 1922. 

Oscar Jensen, 
Justice of the Peace of Hellgate 

Township, Missoula County, Mont. 

Warrant of Arrest. 

(Federal form.) 

The President of the United States of America, to the Marshal of the United 

States for the District of , and to his deputies, or any or either 

ofthem-A 

Whereas, has made complaint in writing under oath before mc, 

the undersigned, a United States commissioner for the district of 

, division, charging that late of county, in the 

State of did, on or about the day of , A. D. 19 , at 

in said district, in violation of 

(Insert section number and date of 

, unlawfully contrary to the form of the statute in such cases 

statute) 

made and provided, and against the peace and dignity of the United 

States of America. 

Now, therefore, you are hereby commanded, in the name of the Pres- 
ident of the United States of America, to apprehend the said , 

wherever found in your district, and bring his body forthwith 

I If crime be against any of the laws or regulations, applicable to the 
national forests, the words "or any national forest employee" mav be 
inserted in the warrant after the word "them". 



94 



before me or any other commissioner having jurisdiction of said matter, 
to answer the said complaint that he may then and there be dealt with 
according to law for the said offense. 
Given under my hand and seal this day of A. D. 19 



[sEAL.J U. S. Commissioner as aforesaid. 

Return of Warrant of Arrest. 

(Federal form.) 

Received this warrant on the day of , 19 — , at , 

and executed the same by arresting the within named at , 

on the day of ,19 — , and have ..h — bod — now in 

court, as witliin I am commanded. 



United States Marshal, 

District of . . . 

Per 



Deputy. 
day of , 19 

Note. If the warrant of arrest be executed by a national forest em- 
ployee, the return should be made under the name and title of the em- 
ployee, instead of under the name of the United States marshal. 

Warrant of Arrest. 

(Idaho form.) 

In the justice court of Roughneck, precinct of the State of Idaho. 
County of ; 

The Stale of Idaho to any sheriff, constable, marshal, or policeman in 
this State: 

Complaint, upon oath, having been this day made before me, Daniel 
O'Leary (justice of the peace or probate judge, as the case may be), by 

C. D., that the offense of (designating it generally) has been 

committed, and accusing E. F. thereof; you are therefore commanded 
forthwith to arrest the above-named B. F. and bring him before me 

forthwith at (naming place), or, in case of my absence or inability 

to act, before the nearest and most accessible magistrate iii and for the 
said county. 

Witness my hand at this day of A. D., 192... 

(and if in probate court, seal of court). 

Daniel O'Leary, 
JuHice of the Peace, Roughneck Precinct, 

Clear tvater County, Idaho. 

Note.— If the offense be against any of the game laws of the State, the 
words "game warden" may be inserted after the word "policeman." 
If the offense be against the fire laws of the State, the words "fire 
warden"' may be inserted after the word "policeman." 



95 

Warrant of Arrest. 

(Montana form.) 

In the justice court of Ilellgate Township of the State of Montana. 
County of Missoula: 

The State of Montana to any sheriff, constable, marshal, or policeman 
in this State: 

Complaint upon oath having been this day made before me, Hiram 
Crabb (justice of the peace or police judge, as the case may be), by C. D., 

that the offense of (designating it generally) has been committed 

and accusing E. F. thereof, you are hereby commanded forthwith to 
arrest the above-named E. F. and bring him before me forthwith, at 

(naming the place) or, in case of my absence or inability to act, 

before the nearest and most accessible magistrate in and for the said 
county. 

Witness my hand and seal at , this day of , A. D. 



Hiram Crabb, 
Justice of the Peace, 
Ilellgate TownsMp, Missoula County. 

Note.— If the offense be against any of the game laws of the State, the 
words "game wardeii" may be inserted after the word "poUceman." 
The words "fire warden" may be inserted after the word "policeman" 
if the crime be against any of the forest fire laws of the State. 

Return of Warrant of Arrest. 

(State form.) 

The return of a warrant of arrest issued by a State magistrate or justice 
should be substantially in the same form as that given herein for a war- 
rant issued by a United States commissioner. The indorsement or 
return of the officer who executed the warrant should be on the back 
of the original delivered to the magistrate or attached to it. 

Skarch Warrant. 

(Federal form.) 

United States of Amkkica,^ __ 

District of j ' ' ' 

To the Murf^hnl of the United .States for the District of , and his 

deputies, or to any of thcw, and to any Ignited States game vnrden or 

United States deputy game warden: 

Whereas complaint on oath and in writing has this day been made 

before me , a United States commissioner in and for the said 

district, by , alleging that he has good reason to believe, and does 

verily believe, that, within a certain ...,..., being the premises of , 

and being situated in the city of , in the county of .. — , and 

State of , and within the district aforesaid, there are held and 

concealed unlawfully, : 

Liad which are possessed contrary to the form of the statute in such case 
made and provided. 



96 

You are therefore hereby commanded, in the name of the President of 
the United States, to enter said premises with the necessary and proper 
assistance, and there diligently to investigate and search for any such 

and to seize and secure the same, if any such be found, and to 

hold and dispose of the same subject to the order of the District Court 

of the United States for the District of , and what you shall 

have done in the premises, do you then and there make return thereof, 
together with this writ. 

Given under my hand and seal on this day of , 19. .. 

[seal.] 



United States Commissioner for 
District of 

Note. — Unless a United States commissioner is specifically authorized 
by Federal law, he can not legally issue a search warrant. 

Affidavit For Search Warrant. 

(Federal form.) 

United States of America,^ 

District of i 

Be it remembered, that on this day of , 19. . , before mo. 

,a United States commissioner for the District of 

came , who being by me duly sworn, deposes and says that he has 

good reason to beUeve, and does verily beUeve, that within a certain 

being the premises of and being situated in the city of , in 

county of , and State of ...... , and within the district above named, 

there are held and concealed unlawfully, 

and which are possessed contrary to the form of the statute in such case, 
made and provided. 



(Signature of affiant.) 



United States Commissioner for the 
District of ... 



Search Warrant. 
(State form.) 

In the justice court of Hellgate Township (or precinct) for the State 

of : 

County of : 

The State of to any sheriff, constable, marshal, or policeman in 

the county of Proof by affidavit having this day been made 

before me by Henry Standish who has good reason to believe, and does 
beUeve, that there are held and concealed unlawfully certain property 

described as follows: 

(which was stolen, or which was held with intent to use it in committing 
a public offense, or which is evidence of violation of the game laws of the 



97 

state, as the case may be) in the premises described as t lie dwelling house 
situate on the ranch of John Smith, and occupied bj- 1 he said John Smith, 
in section So, T. 49 N., R. 3 E. within the county of State of 

You are therefore commanded to make immediate search in the day- 
time of the premises above described for the property defined by this 
warrant, and if you find the same or any part thereof, to bring it before 
me forthwith, together with yo.ir return on this warrant. 

Given under my hand, and dated this day of 192. . 

Philip Cohen, 
Justice of the Peace. 

Note.— If the ofTense be against the game laws of either Montana or 
Idaho, the words "game warden" may be inserted in a search warrant 
after the word "pohceman." 

Affidavit for Search Warrant. 

(State form.) 

County of Missoula, i 
State of Montana, J ' 

Thomas Spencer, being duly sworn, deposes and says: That he has 
good reason to believe, and does believe, that within a certain dwelling 
house, the premises of (or occupied by) Ezra Breckenridge, and situate 
on section 4, T. 13 N., R. 24 W., M. M. county of Missoula, State of 
Montana, there are held and concealed unlawfn.Ily the bodies of two 
deer or parts thereof, which were killed in violation of the laws of Mon- 
tana and which are possessed contrary to the form of the statute in such 
case made and provided. 

Thomas Sfencek. 

Subscribed and sworn to before me this day of , 192. . 

Joseph Deschamps, 
Justiceof the Peace for Ilellgate Township, 

Missbula County, Montana, 

Subpcena. 

(Federal form.) 

United States of America,-> 
District ..... j^""^' 

Division. 

The President of the United States of A nurica, to the marshal of the 

district of greeting: 

You are hereby commanded to summon if be found in 

your district, to be and appear before me, , a United States com- 
missioner for the district of , division aforesaid, at my office, 

.., on the day of , 19. ., at o'clock .. m., to give 

110113—22 7 



98 

testimoiiy, and the triith to say. in a cause pending before me, wherein 
the United States is complainant and defendant. 

In behalf of 

Hereof fail not, under tlie penalty of the law. and have you then and 
there this writ. 

Ciiven under my h;uid auil seal, this day of A. L) 

[SK.VL.] 

?/. S. Covimhsioner as aforesaid. 

Note.— A fiiited Staies marshal or his deputy is the only person 
authori ed Ity Federal law to serve a subpoena. 

SuBpa:NA. 

(State form.) 

In tlie justice court of Hellgate township (or precinct) of the State of 



The State of /') Richard Buckhouse: 

You are commanded to appear before Isaac JHodgins, a justice of the 
peace of Ilellgate towniship (or precinct) in Missoula Coimty on July 24, 
1925, at 10.30 a. m. at the office of the said justice in the city of Missoula, 
as a witness in a criminal action prosecuted by the State of Montana 
against Al)ram Bornstien. 

Trivon under my liaiid tins 1 tth day of July. 1925. 

Isaac Hodgin.s, 
Justice of the Peace, 
lhll(jal( Touudtip, Missoula County, Mont. 

Note. — A similar suljp<pna may be issued by the covmty or prosecut- 
ing attorney when he is investigating a criminal offense committed in 
his county. 

SUMMOXS TO CORPOR.VTION-. 

(State form.) 

Count V of ^ 

State of /^^' 

To the Northern Pacific Rail trap Co., a corporation. 

You are hereby summoned to appear before me. at my ollice in Mis- 
soula, Mont., on July 28, 1921. at 9.30 a. m.. to answer a cliarge made 
against yon on the complaint of Duncan O'Reilly for setting on fire and 
burning slashings Anthin tlie comity of Missoula, State of Montana , 
witliout first ha\ing obtained permission in writing to ))urn the said 
slashings, from a forester, or from a forest ranger, or from a tire warden, 
of the State of Montana. 

Dated at the city of Missoula, State of Montana, tliis 29th day of July, 

1921. 

Adolph Schauek, 

Justice of the Peace, 

Hdlgate Tovvship, Missoula Oounty, Mont. 



99 



Retuun and Certificate of Service of Summons on a Corpoha- 

TION. 

(Stale form.) 
State of Idaho, \ 
County of Bonner,/''^'''' 

I hereby certify that I receive;! the annexed .summons on the 4th day 
of August, 1921, and personally served the same, together with a copy 
of the complaint in said action, on the defendant corporation named in 
said summons, ))y delivering to and leaving with Amos Switzer, the 
president of the said corporation, personally, on the 5th day of August, 
1921, in the said county of Bonner, State of Idaho, a copy of said sum- 
mons and a copy of said complaint. 
Dated this 6th day of August, 1921. 

Patrick Henry, 
Sheriff of Bonner County, Idaho. 

Notk.— Any comuetent person over 18 years of age may servo a 
summons. If served 1)y a person other than an ofhcer, such as a sheriff, 
consta]>le, etc., the return or certificate of service should be in the form 
of an afTidavit of the person who made the service. The substance of the 
affidavit should be similar to the return above outlined. 

Return and Certificate of Service of Subpoena in a Criminal 
Action. 

(State form.) 
State of Idaho, ■» 

County of Kootenai,/^^- 

I hereby certify that I served the within subpoena on the 9th day of 
August, 1921, on Roger McParland, being the witness named in said 
subpoena, at Kootenai County, by showing the original to the said 
witness personally and informing him of the contents thereof. 
Dated August 10. 1921. 

Brian McMahon, 
Sheriff of Kootenai County, Idaho. 

Note.— Any competent person over IS years of age may legally serve 
a subpoena issued by a State magistrate. Should it be served by a 
private citizen, his return should be in the form of an affidavit similar 
in substance to the certificate al)ove outlined. 

Commitment of Defendant. 

(Federal form.) 
United States of America, ■» 
District of , /^^' 

Division . 

The President of the United Slates of America, to the marshal of the 

district of , and to the keeper of the jail of , in the 

State of (or of any other jail within the district of , to 

whom these presents may come), greeting: 

Whereas, , ha., been arrested upon the oath of , for 

having, on or about the day of ,19 , in said district, in 



100 

violalion of section of the Revised Statutes of the United States, 

unlawfully 

And, after an examination being this day had by me, it appearing to 
me that said olTense liad been committed and probable cause being 

shown to believe said committed said offense as charged, I have 

directed that said be held to bail in the sum of dollars, to 

appear at the first day of the next term of the district court of the United 

States for the district of division, at , and from time 

to time thereafter to which the case may be continued and he having 
failed to give the required bail: 

Now these are therefore, in the name and by the authority aforesaid, 

to command you, the said marshal, to commit the said to the 

custody of the keeper of said jail of (or of any other county in the 

district abo\^e named to whom this commitment may be presented) 
and toleave with said j ailer a certified copy of this writ ; and to command 

you, the keeper of jail of said county, to receive the said , prisoner 

of the United States of America, into your custody, in said jail, and 
safely to keep until be discharged by due course of law. 

In witness whereof, I have hereto set my hand and seal at my office 
in said district, this day of , A. D. 19 

[SEAL.] 

U. S. Commissioner, 
District of , Division . 

Commitment of Witness. 

(Federal form.) 

United States of America,"! 

District of — / 

The President of the United States of America, to the marshal of the 

district of and to the keeper of the jail of ., county in 

the State of or of any other jail uithin the district of 

,io whom these presents may come, greeting; 

Whereas, , has been arrested upon the oath of , for having, 

on or about the day of , 192. . , in said district, in violation of 

section of the Revised Statutes of the United States, unlawfully 

And, after an examination being this day had by me, and it appearing 
to me that said offense has been committed, and probable cause being 

shown to believe said committed said ofl'ense as charged, and I 

having directed that the said be held for the grand jury of the 

United States for said district, and 

Whereas, it appears that ...... and , are material and necessary 

witnesses on behalf of the United States in relation to the said charge, 
and the judge of this court having directed that the said witnesses, in 
default of their furnishing a recognizance for their appearance before 
the said grand jury, be committed by the undersigned, and 



101 



Whereas, I have directed that the said witnesses bo recognized in the 

sum of dollars each, to appear at the firnt day of the next term of 

the district court of the United States for the district of , 

at , on the day of , 192-, and from time to time there- 
after to which the case may he continued, and they having failed to 
give the required recognizance: 

Now, these are therefore, in the name and by the authority aforesaid, 

to command you, the said marshal, to commit the said . . and , 

as detained witnesses, to the keeper of the Jail of county, or of 

any other coimty in the district above named to whom this commit- 
ment may be from time to time presented, and to leave with said jailer 
a certified copy of tliis writ; and to command you, the said keeper of 

said jail of said county, to receive the said and , detained 

witnesses of the United States of America into your custody, in said 
jail, and them there safely keep until they be discharged by due course 
of law. 

In witness whereof, I have hereunto set my hand and seal at my office 
in said district, this day of , A D. 19. .. 



U. S. Commissioner, 
District of 

Commitment of Defendant. 

(State form.) 

County of Boundary,! 
State of Montana, / 
The State of Idaho to the sheriff of the county of Boundary: 

An order having been this day made by me, that A. B. be held to 
answer upon a charge of (stating briefly the nature of the offense, and 
giving as near as may be the tinie when and the place where the same 
was committed), you are commanded to receive him into your custody 
and detain him until he is legally discharged. 
Dated this 12th day of July, 1921. 

James Monroe, 
Justice of the Peace of Bonner s Ferry Precinct, 
Boundary County, Idaho. 

r>isTRicT 1 Forest Skrmce Outline for Law Enforcement 
Report. 

[To be submitted to tlic District Forester, immediately after the termina- 
tion of each crimmal trespass proceeding, prosecuted in a State court, 
on complaint or recomraeudation of a Forest Service employee.] 

Trespass 

Forest Date 

Name, address, and occupation of trespasser 



Is trespasser a Forest user? If so, how? 



10^ 

Oflensc t'ommittcd 



Date committed 

Location 

If a fire, give name, area, and brief report. 



Section of State penal code under which prosecuted ] 

Plea of defendant Date 

Tried before judge of 

(Name) 

court at 

(Justice's, Police, County, District) (Location) 

Date Verdict 

(Court of jury trial) 

Sentence: Imprisonment (days) Suspended, if any (days) 

(Total) 

Fine $ Amount suspended (if any) $ 

(Total amount assessed) 

Any other action 

Name of investigating ofTicer, and assistants if any 



Date investigation started and closed 

Brief summary of evidence secured and action taken . 



Pubhcity 

Personal description of trespasser: i Age Height Weight... 

Eyes Hair Any peculiarities aiding in identification 



Occupation Habits bearing on identifi- 
cation or apprehension 

General reputation 

Associates 

Additional remarks 



(Signature) 

(Place) 

(Title) 
* Necessary only for willful trespassers. 



INDEX. 

A. 

1 'iii^e. 

Account, penalty for presentation of false, lictitious, or fni liilont. . Ik 

Acknowledgment, penalty for oflBcer certifying falsely is 

Action: 

Limitation of, for offenses against Federal law 7('. 

Limitation of, for offenses against Montana law 79 

Limitation of, for offenses against Idaho law 89 

AfTidavit: 

Forms of, in use in Federal and State practice. (Sec Forms.). . 91-102 

Defined sfi 

Agreement, penalty for entering into for purpose of defrauding the 

United States 19 

Animals, Game, Federal laws: 

Penalty for transportation of wild animals or parts l hereof. 

killed in violation of local laws 12 

Penalty for receiving animals shipped or transportd in viola- 
tion of law 1-' 

Antelope: 

Penalty for shooting, killing, or capturing in Montana 2M, 2-'» 

Penalty for dogging in Montana 2:{ 

Penalty for pursuing, killing, or capturing in Idaho 45 

Appeal, may be made within 10 days after judgment <0,s.'> 

Arrest: 

Power of forest officers to make, luider Federal law (>, 72 

Power of forest officers to make, under Montana law 7s 

Power of forest officers to make, under Idaho law 7, 7s 

May be ordered for a Federal offense by a State judge, magis- 
trate, mayor, chancelor, or justice of the peace 74 

May be ordered by United States commissioner upon filing ol 

proper complaint 71 

Person making arrest may take from accused aU weapons 79 

All force necessary to execute the warrant may be used 79 

Assessments, political penalty for making, etc 19 

Automobile, penalty for shooting, kilHng, taking, or capturing 

game from 2."i. 4;:^ 



Bail, may be allowed by United States commissioners, justices, 

probate judges ,and other magistrates 7 1 , 73, so 

Bear: 

Penalty for killing in Idaho during closed season— exceptions . . 4<> 
Defined by Idaho law as a game animal 40 

(103) 



104 



Beaver: Page. 

Penalty in Montana for killing without a special license 24 

Penalty in Idaho for killing 46 

Penalty in Idaho for having hides in possesion, except as i)ro- 

vided If) 

Birds, Federal laws: 

(See also distinctive names, like ''Duck," '•Geese," ''Brant," 
"Grouse," etc.) 

Penalty provided by Federal law for wilfully disturbing, hunt- 
ing, trapping, capturing on United States reserves game 
birds, etc 12 

Penalty for transporting by common carrier, if killed in viola- 
tion of local laws 12 

Dead bodies to be clearly marked with name and address of 
shipper, if shipped iji interstate commerce 12 

Migratory 10, 1 1 , 42, 43, 44 

Game, defined 24, 40 

Penalty for killing, shooting, capturing, or attempting to Mil, 
shoot, or capture from automobile 25 

Penalty for killing, shooting, capturing through aid of arti- 
ficial light, sot gun, trap, or snare 25 

Penalty for killing or hunting from au airplane, power-boat, or 
sailboat 20 

Penalty for taking without license in possession at time of 
taking 25 

Penalty for shooting, kilUng, or capturing from witiiin the 
bounds of a public highway 25, 43 

Persons under 15 years of age may hunt, kill, etc., game birds, 

without a license during the open season, in Montana 25 

Bison: 

Penalty for shooting, killing ,or capturing, under Montana law. 23 

Penalty for catching, trapping, or restraining for the purpose 

of sale or domestication 23 

Boundary, jurisdiction of crime committed near county Unc 81 

Brant 11,2s 

Bribery: 

Penalty for ofTering, etc., bribe 19 

Brush: 

Penalty for failure to dispose of new cuttings within one year 
from date of cutting, in Montana 22 

Penalty for failure to dispose of old cuttings, cut since Oct. 1, 
1918, before March 7, 1921, in Montana 22 

Penalty in Idaho for not disposing of, according to instructions 

of fire warden 37 

Buffalo: 

Penalty for shooting, killing, or capturing, under Montana law. 23 

Penalty for shooting, killing, or capturing, under Idaho law. 45 
Bullfrogs, x^cnalty under Idaho law for hunting, killing, or catch- 
ing in public waters 43 



lo; 



, c. 

Caribou: Page. 

Penalty under Montana law for killing or capturing or dogging. 23, 24 
Penalty under Idaho law for pursuing, killing, or capturing. . . 45 

Campfirc 9, 21, 39 

Challenge. (See jury, selection of.) 

Cigar '. 22 

C igaret te 22, 87 

Commitment: 

Form of, in use in Federal practice 99,10C 

Form of, in use in State practice 101 

Common carrier, penalty imder Federal law for transporting game 
birds or game animals in interstate commerce 12 

Complaints: 

Forms of, in use in Federal practice 91,92 

Forms of, in use in State practice 92, 93 

Conspiracy: 

Penalty for, under Federal law 9, 18, 19 

Penalty for, under Montana law 36 

Penalty for, under Idaho law 53 

Corporation, how prosecuted for crime 83 

County attorney 88 

Crime, limitation of time for action. (See Felony and Misdemeanor.)- 

Criminal responsibility, defined 87 

Curlews: 

Penalty for shooting or killing, etc., in Montana 28 

Penalty under Idaho law, for killing prior to Dec. 7, 192G 44 

D. 

I>eer: 

Montana law— 

(See also Animals.; 

Penalty for dogging in Montana 23 

Penalty ff»r hunting without a license 24 

I'enalty for hunting during closed season 26 

Penalty for shooting, killing, hunting, or capturing more 

than one male with visible horns ^ 26 

Penalty for shooting, killing, hunting, or capturing any 

female 26 

Penalty for shooting, killing, hunting, or capturing in 

closed counties or territory .,,: 27 

Penalty for dcstrojdng evidence of sex 27 

Idaho law— 

{See also Animals.) 

Penalty for hunting without a license ;39 

Penalty for pursuing, himting, or killing in closed season 

established for various counties , . . ^ . . 45 

Penalty for trapping, snaring, or killing at deer licks 45 

Penalty for catching or pursuing with dogs 45, 46 



iOC) 



Deer— Continued. 

I(hilio law— Continued. Paj:e. 

Penalty for captuiing or killiuji more tlian one in the oyieii 

season ^'i 

Penalty for shooting or killing in water or on the ice of any 

stream, lake, or pond 40 

Penalty for shooting or kii:iug while being pursued by dogs. 4.' 
Penalty for pursuing, hunting, killing, or capturing 

spotted fawn 45 

J^efendant, rights of 75. 79, S2 

Deposition: 

Distinguished from affidavit x~ 

When it may be taken *<" 

T)oves: 

Bag limit for one day under Federal law 11 

Turtle, penalty for killing, etc.. in Montana 2s. 

Mourning, penalty for killing at any time in Idaho 44 

Duck: 

Bag limit for one day imder Federal law H 

Penalty in Montana for killing, etc., during closed season 2S 

Penalty in Montana for killing, etc., more than 20 in one day. 2S 

Penalty in Idaho for killing, etc., during closed season 44 

Penalty in Idaho for killing, etc., more than 12 in one day 44 

Penalty in Idaho for having in possession more than 12 in 

one day 44 

E. 

Klk: 

Montana laws— 

(See also Animals, j 

Penalty for dogging in Montana 28 

Penalty for catching, trapping, or restraining for sale or 

domestication in Montana 23, 24 

Penalty for hunting without a license 24 

Penalty for hunting, etc. , during closed season 26 

Penalty for taking more than one 20 

I'enalty for leaving pait of, fit for food, after removing 

head and teeth 20 

Penalty for shooting, killing, hunting, or capturing within 

closed counties and territory 27 

Idaho laws— 

(See also Animals. ) 

Penalty for pursuing, killing, or capturing calf elk 4.=> 

Penalty for pursuing, killing, or capturing elk in the closed 

seasons established for designated counties and territory. 45 

Penalty for trapping, snaring or killing at deer licks 45 

Penalty for catching or pursuing with dogs 45 

Penalty for capturing or killing more than one in the open 

sea.son 45 



10 



E Ik— Cont iuucd . 

Idaho laws— Continued. I'^iCP. 

Penalty for shooting or killing in w aler, or on the ice of any 

stream, lake, or pond 46 

Penalty for shooting or killing while being pursued by dogs 45,46 
Evidence: 

General definition of 54 

Competency and admissibility to be determined by the court. 54 

Sufficiency of, to be determined by the jury 54 

Hearsay, defined 57 

Cumulative, defined 54 

Circumstantial, defined 54, 55 

In criminal cases must be convincing beyond a reasonable 

doubt 54 

Principles governing the production of 50 

The best must be submitted r>7 

Distinction between original and secondary 57 

Copies of documents not admissible as a general rule 57 

Burden of proof on the Government 56 

Certified copies of public records admissible 57 

Should be submitted in logical order to the court and jury. . . 74,84 

Exhibits maps, photographs, etc 60,69 

Experts making use of 65, 84 

Expenses of forest employees in criminal cases... 7,69 

F. 

Felony: 

Definition under Federal law 5 

Definition under Montana law and punishment for when not 

otherwise provided 77 

Definition under Idaho law and punishment for when not 

otherwise provided 89 

Limitation of time for action for 79, 89 

Fire: 

Federal laws — 

Penalty for setting, without permission of forest officer. . . 9 
Penalty for building camp fire in leaves, rotten wood, 

etc 9 

Penalty for building camp fire in dangerous place or 

during windy weather, etc 10 

Penalty for leaving camp fire without completely ex- 
tinguishing it 10 

Penalty for building in reserved areas, without permit 

from forest officer » 10 

Penalty for using steam engines and locomotives without 

approved spark arresters 10 

Penalty for interfering with persons engaged in fighting. . 10 
Penalty provided by Federal law for willfully setting in 
timber, brush, or grass, etc 9 



108 

Fire— Continued. 

Federal laws— Continued. Page. 

Penalty provided by Federal law for leaving unattended. . 9 
Peaalty provided by Federal law for building in or near 

any forest 9 

Penalty provided by Federal law for leaving,' before it is 

totally extinguished 9 

Montana laws- 
Penalty for burning, maliciously or willfully, any bridge 

exceeding in value $50 20, 31 

• Penalty for burning, maliciously or willfully, any stack 

of hay or grain 20 

Penalty for burning, maliciously or willfully, any grass, 

tree, or fence 20 

Penalty for failure of fire warden to do his duty 20 

Penalty for failure of able-bodied citizen of vicinitj'^, to 

assist in putting out fire on request of fire warden 20 

Penalty for destroying fire sign or notices 20 

Penaltj?- for failure of county attorney to prosecute offend- 
ers against the fire laws 20 

Penalty for failure of magistrates to prosecute upon filing 

of sufficient complaint 20,22 

Penalt}^ for burning forest material between June 1 and 

September 30 without a permit 21 , 22 

Penalty for setting out a fire later than 10 days from date 

of issuance of permit 21 

Penalty for setting out a fire when wind is blowing to such 

extent as to be dangerous 1 . 21 

Penalty for setting out a fire without sufficient help and 

tools to control it 21 

Penalty for failure to watch the fire until it is out 21 

Penalty for failure to comply with terms of a permit : . 21 

Penalty for settler burning slashings on liis land without 

a permit ! . 21 , 22 

Penalty for setting or leaving a fire that shall spread and 

damage the property of another 21 

Penalty for maliciously setting a fire on your own or on 

another's land with intent to destroy another's property. 21 
Penalty for kindling a camp fire during the closed season on 

the land of another in or dangerously near any forest 

material and leaving the same unquenched 21 

Penalty for starting fire in forest material by cigar, cigar- 
ette, or matches and leaving same unquenched 22 

Penalty for starting fire in forest material by firearms and 

leaving same (inquenched 22 

Penalty for building a fire on property of another within 

an enclosure without his consent 20 



109 

Fire— Continued. 

Idaho laws— p 

Penalty for using in timber district egging portable, trac- 
tion, or stationary engine or locomotive without an 

efficient spark arrester _._ og. 

Penalty for failure of warden or deputy to enforce the fire 

^^^ 38 

Penalty for leaving unextinguished on or near forest or 

prairie land ,10 

Penalty for using combustible wads in firearms 3s 

Penalty for carrying naked torch, firebrand, or exposed 

light in or near forest land 3g 

Penalty for defacing, destroying, or removing fire notice. . 38 
Penalty for setting out a fire in slashings, etc., between 

June 1 and October 1 without a permit 37 

Penalty for setting out a fire in fallen timber between 

June 1 and October 1 without a permit 37 

Penalty for setting out a fire on timber lands between 

June 1 and October 1 without a permit 37 

Penalty for setting oat a fire in dangerous windy weather. 37 
Penalty for setting out a fire without sufficient help to 

control it 07 

Penalty for failure to watch a fire until it is out .' 37 

Penalty for failure of railroad company to keep clear 50 

feet on each side of center of line 38 

Penalty for railroad employees leaving fire, live coals, or 

ashes on right of way in vicinity of woodland 38 

Penalty for failure of railroad company to instruct its 

employees in fire prevention 38 

Penalty for failure of railroad company to post in its sta- 
tions fire placards 38 

Penalty for violation of the terms of a permit to burn" "/..'. 37 
Penalty for setting out a fire later than the tenth day after 

the date of permit 3- 

Penalty for any person who fails to assist in putting out 

fire when lawfully commanded 38 

Penalty for leaving camp fire unextinguished 39 

Penalty for wilfully or carelessly setting on fire any timber 

or prairie lands 3S .39 

Penalty for railroad company permitting fire to spread 
from its right of way to adjoining lands 39 

Fish: 

Federal laws- 
Taking on national forests land or waters contrary to local 

^aw j2 

Afontana laws— 

. Penalty for having in possession a fish net, seine, or similar 
device . 00 



110 

'Fish— Continued. 

Montana laws— Continued. Page. 

Penalty for catching, stiuming. or killing fish througli the 

use of powder, explosive compounds, or poison 23 

Penalty for depositing sawdust in streams, lakes, rivers. 

or ponds 23 

Penalty for depositing shavings, ashes, oil, cinders, or 

other debris in streams, lakes, rivers ponds, etc 23 

Penalty for altering, loaning, or transferring a fishing 

license 

Penalty for using the fishing license of another 25 

Penalty for taking more than 25 poiuids on one day or more 2.'i 

than 50 fish in one day 26 

Penalty for having in possession more than 25 pounds or 

more than 50 fish at one time 26 

Penalty for fishing without a license 25 

Penalty for catching game fish through ice 26 

Penalty for taking witliout license in possession at time of 

taking 25 

Game fish may be taken in any manner, except through 

use of explosives or poisons, from artificial lakes or ponds 

upon the owner securing a license and filing a bond 26 

Game fish defined 26 

Persons under 15 years of age may fish \nthout a licenst. . 25 
Idaho laws- 
Penalty for fishing without a license in the public waters 

of the State 39 

Penalty for selling whitefish, salmon, without a permit. . . 41 

Penalty for selling stiugeon without a permit 41 

Penalty for having in possession fish taken unlawfully — 43 
Penalty for killing or catching with seine, net, spear, weir, 

fence, basket, gillnet, or dipnet, etc., except salmon in 

certain waters Avithin specified periods and as otherwise 

provided 42 

Penalty for taking fish in Bear Lake at any time of the year 

with seine, net, or set line 42 

Penalty for catching trout in any of the public waters of 

the State except lakes and navigable rivers during the 

months of April and May 42 

Penalty for catching trout in Elk River above the falls in 

Clearwater County in October or November 42 

Penalty for catching fish through the ice except in the 

rivers and lakes specified 42 

Penalty for catching trout through the ice except in 

Kootenai and Pend Oreille Rivers and Bear Lake 42 

Penalty for catching more than 15 pounds of fish in one 

day of certain species 43 

Penalty for having in possession more than 30 poimds at 

one time of certain species 43 



ill 



Fish — Continued. 

Idaho laws — Continued 



Page 

Penalty for having in possession more tlian 100 of certain 
species 



Penalty for catching more than 50 of certain species ...... 43 

Penalty for having in possession or for catching or killing 



43 

1 50 of certain species 

•n or for catching or killintr 

black bass less than 6 inches , ., 

Penalty for having in posse^ssion or for catching or kiliihg 

trout less than 6 inches 4., 

J^enalty for fishing for trout from the back of any animal " 43 

Penalty for catching bullfrogs without a license.' 43 

Penalty for fishing within 300 feet of a fish ladder. 43 

Penalty for injuring or destroying fish traps or racks set up 

by the United States Bureau of Fisheries 47 

Penalty for malicious waste of fish " . . " " 47 

Penalty for storing or receiving for storage without storage 

permit and license tag 

Children under 12 not rt^iuired to liave licenses. 40 

Forest officers- 

To cooperate with State othclals to enforce certain laws 78 

May accept commissions as State deputy game wardens'. .. . 70 

M ay cooperate with other Federal Bureaus 5 

Supervisors, deputy supervisors, and rangers, ex-officio game 

wardens in Idaho - 

May search certain places for game held illegallv without 

warrant 

All are fire wardens under Montana law . . " . " " 7v^ 

May make arrests with or without warrant in certain caseV in 

Waho _ ^^ 

May make arrests with or without warrant in certaiii cases in 

Montana 

To l^e reimbursed for expen.ses incurred in connection with an 
arr&st prior to filing of a formal complaint and the juris- 
diction of the court attaches 7 ^;q 

Fool-hen: ' ' ' 

Penalty in Montana for killing, etc., during closed season 28 

Penalty in Montana for killing, etc., within closed counties . . . 28 
Penalty in Montana for taking more than five in one day ... 28 

Penalty in Montana for having in possession more thaii five at 

onetime „© 

Foreword ^ 

Forms: "^ 

Criminal, in use in United States commissioners' courts 91 

Criminal, in use in State justices" courts ' 90 

Trespass, report outline special form for cases tried in State 

courts 

Fox: 10^ 

I^enalty in Montana for killing, etc.. during closed season 2S 

1 enalty m Idaho for kilUng, etc.. during closed season 46 



112 . ; 

c;. 

(jame: Page. 

(See aho Auimals, Fish, Birds, and distiuctive names of ani- 
mals and birds): 
Preserves, penalty under Idaho law for violation of act which 

created 47 

Preserves, penalty inider Montana law for violation of act 

which created 39 

Wardens may search for in certaijti places without search war- 
rant 7, 70, 7s 

Geese: 

Bag limit for one day under the Federal law 11, 28 

Penalty in Montana for killing in closed season 28 

Penalty in Montana for taking more than eight in one day 28 

Penalty in Idaho for kilUng in closed season 44 

Penalty in Idaho for kilUug or having in possession more than 

two in one day 4 i 

G-oat: 

Montana law — 

Mountain goat, penalty for dogging 2;') 

Mountain goat, penalty for catching for sale or domestica- 
tion 2:; 

Mountain goat, penalty for hunting, killing, etc., before 

Oct. l', 1926 27 

Idaho laws — 

(See also Animals.) 

Penalty for pursuing, hunting, killing, or capturing in . 

closed season in designated counties and territory 45 

Penalty for catching or pursuing with dogs '. . . . 45 

Penalty for capturing more than one in the open season. . 4.5 
Grazing: 

Federal laws- 
Secretary of Agriculture to regulate, within the national 

forests Hi 

Penalty for violation of Secretary's regulations U> 

Penalty for grazing on or driving across national forest 

lands without a permit 10 

Penalty for violation of the terms of a grazing or crossing 

permit Hi 

' Penalty for gi-a/lng live stock on an area closed to grazing. . JG 
Penalty for grazing of class prohibited on area close to that 

class It) 

Penalty for allowing unpermitted stock to drift on to 

national forest lands 1<> 

Penalty for refusing to remove stock from national forest 

lands upon request of a forest officer 16 

Montana laws — 

Penalty for failure to have horses and mules inspected 
before removal from the State !..,., 33 



113 



Grazing— Continued . 

Montana laws— Continued. Page. 

Penalty for failure to have live stock inspected for brands 

before removal from one county to another 33 

Penalty for railroad company shipping stock without 

inspection 34 

Penalty for permitting animals sufTering from infectious or 

contagious or communicable diseases to run at large on 

the public domain or public highway 34 

Penalty for violation of the regulations of the Live Stock 

Sanitary Board 34 

Penalty for selling for human food the carcass of an animal 

slaughtered under unsanitary conditions 34 

Penalty for marking or branding or altering or defacing 

such marks or brands of live stock of another with in- 
tent to steal, or to prevent identification by owner 34 

Penalty for failure to record or re-record marks or brands 

within the specified period 34 

Penalty for knowingly selling or offering for sale any 

horse, mule, or other animal affected with glanders, 

farcy, or other contagious disease 34 

Penalty for drivii}g unbranded animals through the State. 
Penalty for driving animals from their customary range 

without consent of owner 34 

Penalty for running on the pubUc domain or within a 

national forest any but a pure-bred bull 35 

Penalty for running pure-bred bulls on the pubUc domain 

or on the national forests of an age less than 15 months 

or more than 8 years of age 35^ 

Penalty for taking an estray into possession for one's own 

use without the consent of the owner 35' 

Idaho laws- 
Penalty for violation of any regulation made by the U. S. 

Secretary of Agriculture regarding live-stock sanitation . . 52 
Pe jalty for placing on pubUc range an unregistered bull. . 53 
Penalty for placing on pubUc range a bull less than 15 

months or more than 8 years old 53 

Penalty for placmg a bull on the range with more than 25 

breeding cattle 53 

Penalty for running a bull on the same range more than 

three successive breeding seasons 53 

Penalty for violation of the stock quarantine laws of the 

State relative to sheep 53 

Penalty for bringing diseased animals into the State 52 

Grouse: 

Penalty in Montana for shooting, hunting, kUling, or captur- 
ing in closed season 28 

110113—22 8 



114 



<^ rouse— CojiUnued. Page. 
Penalty in Montana for shootin?;, hunting, killing, or captur- 
ing in closed counties 2H 

Penalty in Montana for taking more than live in one day 28 

Penalty iB Montana for having in possession more than five at 

one time 28 

Penalty in Idaho for killing during closed season, wliich varies . 44 
Penalty in Idaho for having in possession more than six at one 

time 44 

jr. 

Highway: 

Penalty in Montana for destroying, injuring, removing, break- 
ing, or displacing 35, Sfi 

As defined by Montana law 36 

Penalty under Idaho law for injuring, destroying, etc 49 

Defiiiil ion of, under Idaho law 49 

I. 

Indictment, under Federal law must be found within three years 

except for murder 76 

Information: 

Under Federal law must be instituted within three years 76 

Can be instituted only in cases of misdemeanor, under Federal 

practice 75 

Investigation, useful hints on 58,71 

J. 
.ludgmenl: 

ilay in case of misdemeanor be rendered ina bsence of accused. 85 
May be rendered not less than six hours or more than two 

days after verlict 85 

Juror, qualifications of 8J 

Jury: 

Grand, composed of seven persons under Montana law 81 

Comprises six persons in justice's court of Montana, or parties 

may agree on lesser 1 1 umber 81 

Under Montana law judicial, civil, and military officers of 

United States exempt from serA'ice 81 

Under Idaho law judicial, civil, and military officers of United 

States exempt from service «1 

Selection of ^ 

Comprises twelve persons in Idaho justice's or probate court. 

but parties may agree on lesser number • . 89 

Justice of the peace: 
Montana law— 

Must be two jusl ices for each justice township 77 

May hoi 1 c;)urt in another township on request 77 

Territorial extent of criminal jurisdiction 77 

Classificati )n ol'crimcs in which it has jurisdiction 76 



115 

Justice of the peace— Continued. 

Montana law—Continued. Page. 

Disqualified to act under certain circumstances 76, 77 

In case of disability, another justice may serve 77 

May appoint special constable to serve subpoenas 78 

May appoint special constabl^to make arrests 78 

Rights of defendant enumerated 79 

Second prosecution for same offence prohibited 79 

Accused can not be compelled to be a witness against him- 
self 79 

No person to be convicted without a verdict or a plea of 
guilty, unless jury is waived in a case not amoimting to 

a felony 79 

Complaint, definition of 78 

Criminal actions in, must be prosecuted by complaint 78 

OfTenses committed within .500 yards of the boundary of 

two or more counties either one has jurisdiction 81 

OfTense of stealing property in another State and bringing 

it into this State confers jurisdiction here 30, 48 

Statute of limitation of criminal action dees not run while 

offender is absent from the State 79 

Essentials of a complaint filed before 78 

Complaint must be filed with justice if offender be arrested 

without a warrant 80 

Mustissue subpoenas for witnesses 79 

Must be directed to and executed by a peace officer or 

officer specially authorized by statute 78 

Warrant to issue to a sheriff, constable, marshal, or police- 
man of the county and may be executed by any of these 

in any part of the State 77 

If the offense charged is a felony, the person arrested must 

be brought before the magistrate who issued the warrant SO 
If tho offense charged be a misdemeanor not within the 
jurisdiction of the magistrate who issued the warrant to 
punish, the defendant, if arrested in another county, is 
entitled to be taken on his request before a magistrate 

of that comity for disjiosition, etc 80 

May perform the functions of a United States commissioner 

in Federal trespass cases 74, 76 

Oral plea must be entered before 83 

Must grant change of venue upon proper showing 79 

Must transfer record if change of venue is granted 79 

Must insert correct name of defendent in complaint upon 

request 78 

Jury trial in, may be waived by consent of both parties 

expressed in writing 80, 81 

Trial either party entitled to postponement for good cause 

shown S3 

Defendant must be present before trial can proceed 80 



110 

Justice of the peace— Continue d. 

Montana law— Continued. Page. 

Proofs and allegations to be submitted in public and in 
presence of defendant 79 

Verdict must be delivered in public and entered 85 

If jury is discliarged without a verdict, defendant may be 
tried again 81, 85 

Judgment must be rendered not less than six hours nor 
more than two days after verdict 85 

Defendant may appeal within ten days after judgment 85 

Defendant may file notice of his appeal orally at time of 
rendition of verdict, or in writing within five days after 
judgment 85 

Appeals from or tried anew in district court SO, 85 

Idaho law — 

In general, the criminal practice in justice courts and pro- 
bate courts in Idaho is similar to that in Montana. 
There are a few exceptions which are noted under 
"Criminal procedure" before justices' and probate 
courts of Idaho 88-90 

L. 

Larceny, definition, under Federal, Montana, and Idaho laws. 

(See Property). 
Licenses: 

Class A, resident, general 25 

Class B, nonresident, general 25 

Class C, nonresident, limited 25 

Class D, nonresident, fishing 25 

Class E, alien, general 25 

Class F, alien, flishing 25 

Class G, trappers 25 

Must be in possession of sportsmen while fishing or hunting. . 25,40 

Classification of, under Idaho law 40 

Livestock. (See Grazing.) 

M. 

Magistrate, definition of SO 

Maps 60,69,84 

Matches. (See Fire.) 

Marten: 

Penalty in Montana for killing during closed season 24 , 28 

Penalty in Montana for killing without a special hcense 24 

Penalty in Idaho for kilUng during closed season 46 

Mink, penalty in Idaho for killing during closed season 46 

Misdemeanors: 

(See also Fish, Grazing, Occupancj'', Property, Timber, Fire, 

Birds, Animals, etc.) 
Definition under Federal law 5 



117 

Misdemeauors— Conl inued . Page. 

Definition under Montana law 77 

Definition under Idaho law 77 

Limitation of action for 76 

Penalty for, under Idaho law when no specific oneis prescribed 

hy the code 89 

Money. (See Property.) 
Monuments. (Sff Property.) 
Moose: 

Mont ana laws— 

[See also Animals. ) 

Penalty for shooting, killing, or eai)turing in Mon I ana — 23 

Penalty for dogging in Montana 23 

Penalty for catching, trapping, or restraining for sale or 

domestication, in Montana 23,24 

Idaho laws — 

(See also Animals.) 

Penalty for pursuing, killing, or capturing 45,46 

N. 
Nuisance: 

Public, as defined by Idaho law 53 

Penalty under Idaho law for maintaining or committing 53 

Public, as defined by Montana law 32 

Penalty under Mont ana law for maintaining or committing. . 32 

O. 

Oath: 

Penalty for false certification ]iy otiicer, as to personal appear- 
ance 18 

Penalty for false, before any officer, court, or tribunal of 

United States 1*^ 

Occupancy, Federal law: 

Penalty under Federal law for maintaining, erecting, con- 
structing enclosures on public lands of United States 15 

Penalty under Federal law for preventing by intimidation, 

etc., lawful occupancy of public lands 10, 15, 18 

Penalty for maintaining fences, works, or structures on na- 
tional forest lands 16 

Penalty for leaving camp refuse on national forest lands 16 

Penalty for polluting streams, etc., on national forest lands. . . 16 
Offenses, jurisdiction when committed on t rain or ^ cssel in Idaho. 89 
Officer: 

(See also Forest officer.) 

Penalty under Federal law lor i>ersonating an ollicer of 

United States 17 

Penalty under Federal law for stealing, mutilating, or falsify- 
ing records IS 

Otter: 

Penalty in Montana for kilUng, etc., during closed season 28 

Penalty in Idaho for kiUing, etc., during closed season 46 



118 
p. 

Page. 

Papers, restoration of mutilated O-l 

Partridge: 

Penalty under Montana law for killing Hungarian partridge. . 28 
Penaltj' under Montana law for killing common partridge in 

closed season, or in closed counties 2S 

Penalty for killing or having in possession in Montana more 

than five in one day ^ 28 

Penalty under Idaho law for killing in closed season, which 

varies in certain territories 44 

Penalty under Idaho law for having in possession more than 

six at one time 44 

Peace oflTicers^ who are 36, 81 

Penalties. {See distinctive heads such as Fire, Grazing, Property, 
Animals, Birds, Game, Duck, Deer, Elk, Bribery, Common 
carrier, etc.) 

Perjury, penalty under Fe leral law, for conviction of IS 

Pheasant: 

Penalty under Montana law for taking Chinese or Hungarian. 28 
Penalty under Montana law for killing during closed season.. 28 

Penalty under Montana law for kiUing in closed territory 28 

Penalty under Montana law for killing more than five in one 

day 28 

Penalty under Idaho law for killing during closed season, 

which varies 44 

Penalty under Idaho law for having in possession more than 

six at one time 44 

Penalty under Idaho law for killing Chinese or Mongolian in 

closed season 44 

Penalty under Idaho law for killing or having in possession 

more than four in one day 44 

Photographs, use of W>,84 

Plea, may be made orally in open court 83 

Plover 11,44 

Poison, use of forbidden. {See Fish.) 

Police courts, definition of 85 

PoUcy, law enforcement, statement of 3-8 

Postponement, of hearing or trial 73, 83 

Powder, use of forbidden . {See Fish.) 
Prairie chicken: 

Penalty under Montana law for kilUng during closed season. . 28 

Penalty undc'r Montana law for killing in closed territory 28 

Penalty under Montana law for killinfg more than five in one 

day 28 

Penalty under Montana law for having in possession more 

than five in one day '^^ 

Probate court, under Idaho law: 

There must be one at each county seat 88 

Procedure same as in justice's court in criminal cases 88 



Page. 

Prosecuting attorney, functions of ss 

Public land survey, penalty under Federal law for hindrance of. . 18 
Publicity, results accomplished to be published afler trial. . 102 
Property: 

Federal laws — 

Penalty for taking or using United States documents to 

procure, fraudulently, money from United States IS 

Penalty for robbery of or feloniously taking from United 

States l:^ 

Penalty for embezzling, stealing or purloining from United 

States IH 

Penalty for concealing property of United States i:^ 

Penalty for breeaking or destroying gates , fences, of 

United States 13 

Penalty for permitting stock to destroy grass, etc., on 

enclosures of United States 13 

Penalty for defacing or destroying or changing survey 

corners of United States 13 

Penalty for injuring or destrbying telephone, telegraph, or 

cable lines of United States 13 

Penalty for concealing, destroying, etc., maps, books, 

papers, of United States 1^ 

Penalty for injuring, destroying, etc., historic or prehis- 
toric ruins on lands of United States 14 

Penalty for tearing down or defacing a Forest Service sign . 14 
Penalty for destroying or injuring property used in ad- 
ministration of national forests. 14 

Montana laws- 
Penalty for wiUful or malicious burning of a building 

with intent to destroy it '^9 

Penalty for malicious burning of an inhalnted building in 

the night time '^^Q 

Penalty for entering a building, tent, vessel, or railroad, 

car with intent to commit larceny or any felony '29 

Penalty for entering a building, tent, vessel, or railroad 

car in the night time with intent to commit larceny or 

other felony 30 

Penalty for entering a building belonging to another with 

intent to commit felony or other crime by the use of high 

explosives 30 

Penalty for tearing down, injuring, or breaking any fence 

without the consent of the owner 30 

Penalty for severing from enclosed land any tree, grass, or 

other product, without the consent of the owner 31 

Penalty for grand larceny 30 

Penalty for petit larceny '^^ 

Penalty for larceny of test property '^^ 

Penalty for bringing stolen propertj- into the State 30 



li>0 



}'ropeity— ContiJiiUHl . 

Montana laws— C'ouliniu-d. Page. 

Penalty for burning building not subject of arson, bridge, 

growing crops 31 

Penalty for maliciously destroying btiildings with gun- 
powder or other explosives 30 

Penalty for maliciously or willfully cutting, destroying, or 

in injuring, etc., a fence 30 

Penalty for maliciously or willfully cutting, destroying, or 

injuring, etc., dams, flumes, reservoirs, etc 31 

Penalty for bLirningor injuring rafts 31 

Penalty for obstructing navigable rivers 31 

Penalty for injuring United States survey monuments 13 

Penalty for destroying, defacing, or tearing down notices 
posted by the State or United States under legal au- 
thority 31 

Penalty for leaving gate of an enclosure open 32 

Penalt j^ for maintaining a pu])lie imisance 32 

Penalty for depositing the carcases of dead animals, or 

part thereof, in rivers, etc' 32 

Penalty for defacing murks on logs, lumber, or wood 33 

Penalty for p usnning food, medicine, or water 33 

Idaho laws: 

Petit larceny defined 47 

Grand larceny defined 48 

Penalty for petit larceny 48 

Penalty for grand larceny 48 

Penalty for receiving stolen property 48 

Penalty for bringing into the State or receiving property 

known to have been stolen 48 

Penalty for steaUng luml)er, railroad ties, logs, etc 48 

Penalty for defacing marks on logs, etc 49 

Penalty for placing obstructions on railroads 49 

Penalty for injuring a highway or bridge 49 

Penalty for placing debris on highway 49 

Penalty for removing or injuring telegraph or telephone 

poles 49 

Penalty for injuring highway by diverting water thereon 

or otherwise 49 

Penalty lor cutting or injuring telegraph, telephone, or 

electric wires or poles 49 

Penalty for maliciously injuring or destroying real or per- 
sonal propel t y oO 

Penalty for poisoning domestic animals 50 

Penalty for maUciously burning any bridge, building, 

etc., of a value not exceeding $rO 50 

Penalty for injuring crops 50 

Penalty for destroying or injuring dams, canals, etc 50 

Penalty for destrojing telegraph poles, rafts, vessels, etc.. 50 



121 



Property— Continued. 

Idaho laws— Continued. Page, 

Penalty for defacing or tearing down legal notices 51 

Penalty for mutilating written instruments 51 

Penalty for destroying mining or water-right notices. .... 51 

Penalty for sabotage 51 

Penalty for criminal syndicalism 51 

Penalty for owner of building allowing syndicalist meet- 
ings after notice 52 

Penalty for willfully cutting, injuring, or dcstrojing tim- 
ber on State lands 52 

Penalty for willfully cutting timber for shipment out of 

State 52 

Q. 

Quail: 

Penalty in Montana for hunting, shooting, killing, or captur- 
ing 2S 

Penalty in Idaho for killing except in certain specified coun- 
ties 44 

R. 

Rabbits: 

Cottontail and snowshoe, game animals under Idaholaw 40 

Jack, predatory animals luider Idaho law 40 

Raccoon, penalty under Idaho law for killing in closed season 46 

Records: 

Penalty under Federal law for taking, etc., from legal deposi- 
tory 14, 18, .35 

Recognizance 78 

Regulations (see under proper captions such as Timber, Prop- 
erty, etc.) 
Reports, time of, to district forester in Federal and State trespass 

cases 69, 74 

Reward: 

Rnins (see Property, Federal laws, and regulations). 

S. 

Stable, penalty for killing, etc., during closed season 28 

Sage grouse: 

Penalty in Montana— 

For killing, etc., during closed season 28 

For killing more than five in one day 28 

For having in possession more than five at one time 28 

^age hen: 

Penalty in Montana— 

For killing, etc., out of season 28 

For killing more than five in one day 28 

For having in possession more than five at one time 28 



122 



Sage hen— Continued . 

Penalty in Idaho— Page. 

For killing in dosed season 44 

For having in possession at one time more 1 iuui six 44 

For killing more than six in one day 44 

Search warrant: 

In general, United States eonimissioner not ant horized to issne 7:^ 

May be issued by State magistrates in Idaho 85 

May be issued by State magistrates in Montana No 

Sheep, mountain: 

Montana laws (see also Animals)— 

Penalty for killing, etc., prior to October 1 , I'JJfi 27 

Penalty for dogging 2:5 

Penalty for catching, trapping, or restraining for sale or 

domestication 2:i 

Idaho laws (see also Animals) — 

Penalty for pursuing, killing, or capturing 45 

Penalty for trappiiig. snaring, or killing at deer licks 45 

Penalty for capturing or pursuing with dogs 45 

Penalty for pursuing, capturing, or killing young 45 

Slashings: 

Penalty for burning in Montana between .tune 1 and Septem- 
ber 30 without permit 22 

Penalty for burning in Idaho between Jiuic 1 and October 1 

without permit. 37 

Snipe 11,44 

South Dakota, criminal procedure in justices' courts similar to 

Montana 90 

Sora (see Federal law on migratory birds). 

Stock (see Grazing). 

Survey-corners (see Property, Federal laws). 

Survey, public lands, penalty for hindrance ot" IS 

Subpoena: 

Form of, iji use in Federal j)ractice 07 

By whom issued under Montanalaw 82 

Witness living outside county need not respond under Mon- 

tanalaw unless indorsed by trial judge S2 

(Jencral form in use in Montana 98 

Corporation form in use in Montana 9S 

Form of, in use in Idaho practice 98 

May be issued in Idaho by magistrates and county attorney, 

etc 82 

Swans: 

Penalty for kilUng in Montana 28 

Penalty under Idaho law, for killing prior to December 7. 1926. 44 
(See aho Federal law on raigrntory birds.) 



123 

T. 

Telephone line (Sec Property;. 
Telegraph line (Set Property). 
Timber: 

Federal law— Page. 

I'enalty for wantonly cutting or destroying on public 

lands 15 

Penalty for shipping or exporting timber cut in trespass on 

public lands lo 

Penalty for cutting, injuring, or destroying timber on the 

reserved lands of the United States l.'i 

Penalty for chopping, chipping, or boxing trees of United 

States for turpentine 15 

I'enalty for chopping, chipping, or boxing trees on the 

National Forests 15 

Penalty for cutting before it is marked or designated by 

the Forest Service 15 

Penalty for removing from point designated for scaling 

without being stamped 15 

Penalty for stamping G overnment timber contrary to regu- 
lations, etc 15 

Montana law- 
Penalty for cutting, felling, girdling, or destroying on State 

lands 31 

Penalty for cutting, injuring, or destroying on lands of 

another 31 

Penalty for defacing marks on logs, lumber, or wood 3:} 

Idaho laws- 
Penalty for destruction of timberlands of the State 52 

Penalty for unlawfully cutting timber on State lands and 

shipping out of the State 52 

Tracks 62^14 

Trappers: 

License to traj) required in Montana -5 

License to trap required in Idaho ^'^ 

Penalty for destroying or disturbing traps of, in Idaho 47 

Penalty for not reporting to State game warden within 10 days 

after close of season in Idaho 47 

Treason, under Federal law indictment must be found within 

three years "<' 

Trespass (See Fire, Property, Occupancy, Grazing, Fish, Game. 

Timber, Animals. Birds.) 
Trial: 

How conducted "5 

New, reasons for granting ^5 

Entitled to new, in district court after judgment in justice's 
court, if demanded S5 



124 
u. 

United States commissioner: Page. 

Powers and duties of 71 

May remand for trial on probable cause a person accused of a 

Federal offense 71 

Has no power to pimish for contempt 71 

Has no power to impose a penalty 71 

May issue warrants and subpoenas 71 

Forest officers may serve warrants in certain cases 72 

May hold witnesses to testify before a United States district 

court 73 

Subpoena of, can not be legally served by forest employee 73 

May take recognizance for the appearance of accused and wit- 
nesses 71, 73 

Can not require the attendance of a witness residing outside of 

the district without an order from the district court 75 

Arraignment of accused before 73 

Must give accused sufficient time to obtain counsel 73 

Must hold preliminary hearing unless waived by accused 73 

Writs of, in general 75 

May continue preliminary hearing from day to day for good 

cause 73 

In general not authorized to issue search warrants 73 

Can not require the attendance of more than four witnesses at 
expense of Department of Justice, without special order of 

the United States district court 73 

May approve mileage and fees of witnesses who appear volun- 
tarily 73 

Forms in use by 91, 95, 97, 100 

District attorney may file information when offense is not in- 
famous 75 

V. 

Verdict: 

Must be delivered to court publicly 85 

In misdemeanors, number of a jury required for a legal 81, 89 

Voucher: 

Penalty for presentation of false, fictitious, or fraudulent 18 

W. 

Warden, (See Fish, Fire, Game.) 

Warrant: 

Of arrest — 

Federal forms 93 

Montana forms 95 

Idaho forms 94 

Who may execute 72 

Search- 
Federal forms 95 

Montana forms 96 



125 

Warrant— Continued . 

Search— Continued . PSge. 

Idaho forms 96 

Grounds for issuance in Montana in general 85 

Grounds for issuance in Montana under game laws 86 

Washington, criminal procedure in justices' courts similar to 

Montana 90 

Water: 

Penalty for pollution of, in Montana by depositing sewage 

therein 23, 32, 36 

Penalty for pollution of, in Montana by sawdust or other debris. 23 
Watershed: 

Penalty in Montana for violation of the regulations of the State 

or county board of health ;3G 

Penalty for putting the offal of dead or slaughtered animals 

upon 32 

Penalty for violation of Regulation T-4 of the Secretary of 

Agriculture relative to 16 

Weapons, penalty in Montana, for carrying concealed, exceptions . 36 
Witnesses: 

Federal law, penalty for conspiring to intimidate 19 

Montana laws — 

Penalty for preventing attendance of, at a trial, etc 36 

Fees for attendance before United States commissioners. . 70, 73 
Number that can be required to attend before United 

States commissioner 73 

Limit in Idaho as to number that may be subpoenaed 90 

Qualifications of, in Montana 82 

Penalty for disobeying subpoena in Montana 83 

Fees for attendance in justices' courts 83 

Woodcock 44 

Wood duck, penalty for killing in Montana 28^ 

Writs. (See Complaint, Warrant, Subpoena, Commitment, etc.) 

Y. 

Yellow legs. (See Federal law on migratory birds.) 11 , 44 



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